Canadian Lawyer

May 2026

The most widely read magazine for Canadian lawyers

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18 www.canadianlawyermag.com TOP PERSONAL INJURY BOUTIQUES 2026 proceedings from the office and using dedicated mee ting spaces equipped for remote platforms. "We keep clients informed by providing frequent and regular litigation updates and always ensure our clients understand the next steps in a legal matter," he says. Legislative and cost pressures shifting leverage toward insurers Firms point to a combination of legisla- tive change and rising costs for altering how personal injury claims are advanced, with delay increasingly working in favour of insurers. Regulators and industry groups' data show claim severity and litigation costs continuing to rise, while statutory deductibles in jurisdic- tions, such as Ontario, remain a significant barrier for plaintiffs, reinforcing the financial advantage of delay for insurers. "We've responded by issuing claims earlier, foregoing discovery where appropriate, and setting actions down for trial at the first opportunity," says Edward Bergeron, founding partner at Bergeron Clifford LLP. He points to discounted past economic loss claims, rising statutory deductibles, and the escalating cost of carrying files as factors increasing the burden on injured clients and their counsel. Delays and benefit disputes driving earlier litigation In Alberta, persistent court delays and a more aggressive approach from acci- dent benefit providers are changing how firms manage files. Court data and judicial reporting continue to show extended time- lines for civil matters, with multi-year delays common in major jurisdictions, and trial dates often set several years out. " We now obtain interim exper t reports early and move quickly to litiga- tion where benefits are terminated," says Laura Comfort, partner at Cuming & Gillespie LLP. She notes that Section B providers are increasingly terminating benefits early, in METHODOLOGY Earlier this year, Canadian Lawyer asked readers from across Canada to vote on personal injury firms. They were asked to rank the top firms from a preliminary list, with the option to nominate a firm not on the list. To be considered in the vote, firms were required to have the majority of their business come from personal injury work. The final rankings were determined by a points system that rewarded firms on a sliding scale for the number of votes received at each ranking. The winners were categorized by geography, including the Top 10 in Ontario and the Top 5 in Western and Atlantic Canada. The quantitative results were combined, where applicable, with Lexpert peer survey results, feedback from respected senior members of the bar, and regional diversity considerations. The 2026 Top Personal Injury Boutiques report is sponsored by Carol Bierbrier & Associates (CBA). 1,800 votes 57 nominees January 19 – February 13, 2026 Survey period ONTARIO DEDUCTIBLE AND THRESHOLD FIGURES, 2026 Source: FSRA Decisions, 2026 Automobile Insurance Indexation Amounts Guidance The Financial Services Regulatory Authority of Ontario (FSRA) guidance says the indexation percentage is 2.4% for 2026. It also sets the Ontario motor-vehicle non-pecuniary loss figures for 2026 at: $47,913.01 deductible for non-pecuniary loss other than Family Law Act claims $159,708.71 monetary threshold for non-pecuniary loss other than Family Law Act claims $23,956.52 deductible for Family Law Act claims $79,853.70 threshold for Family Law Act claims some cases testing the limits of pending no-fault legislation. In response, firms are prioritizing early expert evidence to support treatment and, where necessary, litigating wrongful termination to protect access to care. Timelines are being set earlier, pushing defence counsel and insurance companies "[Technology] tools have been extremely helpful for accident victims who can attend litigation events from the comfort of their home" Stephen Birman, Thomson Rogers LLP SPECIAL REPORT

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