The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50821
in Alberta they just had one. The deductible is something called a 'dis- appearing deductible' so it means if your award is over $100,000, you're not subject to it. That's why we sought a con- stitutional opinion. The opinion suggests the reasoning in Morrow, which was a very solid decision by Chief Justice Wittman, would apply to the Ontario legislation." Nancy Ralph, of Nan- "We need a case to go forward with. We've consulted a constitutional lawyer about whether a Charter challenge will be successful based on the reasoning of the Alberta case. We have an opinion which suggests we have a good chance of succeeding with a Charter challenge in Ontario." — RICHARD HALPERN, ONTARIO TRIAL LAWYERS ASSOCIATION cy Ralph & Associates, says: "If a case is worth $100,000, chances of it going to trial are very small because it's so expen- sive. $30,000 in a case that's in that range is a very significant amount. It eliminates all claims that would have been worth $30,000, but as you get more, say the case is worth $40,000 or $50,000, that's a significant amount of money to most people. It doesn't affect catastrophic in- jury cases, but I think it's wrong. "If you have a significant injury — you don't get that kind of award for whiplash — from which a person would have had a loss of enjoyment of life and an inter- ference of their ability to function, a de- ductible so high eliminates recovery." Of particular concern to Wittman in Morrow was the cyclical nature of the in- surance industry, characterized by "soft" and "hard" markets. In a "soft" market, premi- um prices stay relative- ly stable or reduced to maintain and increase market share. While in a "hard" market, prof- its decrease and insur- ers cover themselves by being selective on the risks they'll insure. The insurance indus- try in Canada has been in a "hard" market for the past few years, and is likely to remain so for the foreseeable future, due to an in- crease in class actions and the sub-prime mortgage fiasco in the U.S. In Morrow, the court held that s. 7 of the Charter, the right to life, liberty and security of the person, was not violated by the Alberta cap, but that s. 15, the equality provision, was. By comparing two groups under the MIR — those whose auto accident GILBERTSON DAVIS EMERSON LLP BARRISTERS AND SOLICITORS practice restricted to CIVIL LITIGATION, INSURANCE LAW Angela Emerson John L. Davis The way we create Structured Settlements is not a numbers game, it's life..." Baxter STRUCTURES BRINGS MEANING TO THE NUMBERS NEW ADDRESS SUITE 300-6 CHURCH STREET TORONTO, ONTARIO M5E 1M1 TEL: (416) 947 1266 FAX: (416) 947 0766 1 800 387 1686 SUITE 501-3 CHURCH STREET TORONTO, ONTARIO M5E 1M2 TEL: (416) 947 1266 FAX: (416) 947 0766 1 800 387 1686 2419 SAN T3C 2M5 TEL: (403) 263 0440 FAX: (403) 263 0442 1 877 226 0440 SETTLEMENTS@BAXTERSTRUCTURES.COM SETTLEMENTS@BAXTERSTRUCTURES.COM DANIELLE@BAXTERSTRUCTURES.COM John L. Davis Professional Corporation Richard Hayles R. Lee Akazaki James W. Wilson Nazanin Aleyaseen Jody W. Iczkovitz Jonathan J. Weisman Counsel: James E. Adamson 20 Queen Street West, Suite 2020 Toronto, Ontario M5H 3R3 Tel: (416) 979-2020 Fax: (416) 979-1285 email: office@gilbertsondavis.com www. C ANADIAN Law ye rmag.com JULY 2008 55