Laws and Events

Bill 103 and Why it Should Matter to You

On March 8th, 2017, Bill 103 was introduced to the Ontario Legislative Assembly and relates heavily to matters regarding personal injury law and client agreements. The bill makes it increasingly difficult for injured victims to find the help and counsel they need when pursuing an at-fault person. Contingency fee arrangements are commonly used in personal injury law and allow for both clients and attorneys to work together, without the financial stresses that come along with legal battles. Someone who is injured can hire a lawyer on a contingency basis – meaning they only have to pay the lawyer a percentage of the total settlement. No upfront fees or retainer payments; clients are free of financial burdens and litigation risks. However, with the introduction of this new bill, contingency fees would be limited to 15% of the total settlement. A low cap such as this would discourage personal injury lawyers from taking on clients that are not as serious, and would leave injured victims vulnerable and without proper counsel.

Without having trained personal injury lawyers on a contingency basis, clients would be forced to pay massive hourly fees, represent themselves, or not pursue justice at all. Access to justice for injured people would be hindered by the introduction of this bill. Affording a lawyer can be an expensive and daunting task; the contingency fees are what allows for victims to receive the settlement (and often times accident benefits from their own insurance company) that they deserve.

The bill plants more restrictions on advertising regulations and states: Advertisements offering legal representation in respect to personal injury claims would have to be submitted to the Law Society of Upper Canada for review. They can only be shown to the public after being approved.

The issues in this situation are complicated, but still essential to understand. In this legal climate, insurance companies have an unfair advantage against the general public. Whether it’s because injured victims of car accidents or slip and falls are unaware of their rights, or because they can’t afford legal proceedings; insurance companies are able to get away without taking any actions. This bill increases the unfair advantage of insurance companies and prevents clients from seeking the right counsel and justice that they deserve.

Marshall’s Report – Insurance in Ontario

A new report from the finance ministry written by David Marshall has some eye-opening numbers and recommendations for the auto insurance industry in Ontario. The auto insurance industry in Ontario has been unfair to citizens and victims of car accidents for many years, making it harder and more expensive to receive benefits. Ontario’s auto insurance industry has been labelled as one of the most ineffective despite having some of the most expensive premiums in the country.

The average annual insurance premium in Ontario was $1,458 per vehicle; 57% higher than the national average of $930. Aside from higher premiums, drivers suffer in regards to the time it takes to receive benefits. According David Marshall’s report, car accident injury victims have to wait anywhere from 1 to 2 years to receive any form of benefits, even for the simplest of claims. Many factors attribute to this dreadful time period, including insurance companies aiming to minimize benefits given out. Often times, insurance companies will spend more to higher lawyers than to pay out benefits to deserving victims.

Marshall’s report gives recommendations for the auto insurance industry in Ontario, many of which could have a negative impact on injured victims. A few recommendations are outlined below:

• There is clear urgency to make the accident benefits system simple and accessible without the need for legal representation.
  • Banning or restricting advertising and referral fees, and restricting contingency fees in personal injury cases.
• The regulator should monitor the overall use of legal representation in the accident benefits system to analyze why claimants are needing to resort to legal advice.
• There should be no cash settlements in the accident benefits portion of the Ontario auto insurance system for those benefits specified in the legislation as being for medical and rehabilitation care.

Insurance companies for a long time have been able to operate however they’d like, (deny accident benefit claims), without repercussions. These recommendations would continue to allow such injustices, while inconveniencing the victims further. Banning legal fees on a contingency basis would cause accident victims to pay for legal support upfront, many of whom cannot afford such expenses. Preventing victims from seeking a lawyer’s help would benefit no one but the at-fault driver and insurance companies who do not wish to pay up on accident benefits.

Lawyers in Action: Persofky v Liberty Mutual

In this precedent setting case, Lofranco Corriero lawyer Frank burns represented Molly Persofky against the insurance company Liberty Mutual Insurance Company.

Community Engagement

Sponsoring Best Buddies Thrill of Ascot Fundraising Event

Best Buddies is an amazing organization that aims to support children with intellectual disadvantages and disabilities throughout the school system. Volunteers join forces with Best Buddies and are paired with a disabled student for the school year. Every week they communicate through various means, meet up twice a month for one-on-one’s, as well as work on school projects and group activities throughout the school year. Best Buddies was started in the USA and has expanded to over 50 countries and raises over half a million dollars from each fundraising event.

This year, Lofranco Corriero sponsored the Thrill of Ascot events at the Woodbine Race Tracks once again. The fancy fedora and fascinators event works to raise funds for the Best Buddies organization; through charity luncheon tables, booths and competitions. Live music, celebrity emcees and guest jockeys make for an enjoyable luncheon celebration. The event this year raised over $500,000.

Working with charities and supporting fundraising efforts in the community is a huge aspect of Lofranco Corriero culture. Many of our clients have been injured and disabled, whether it be physically or mentally, and showing support to the rest of the community is very important.

Ontario Brain Injury Association Mix and Mingle Event 2017

The Ontario Brain Injury Association works to educate, support and create awareness about brain injuries in Ontario. Brain injuries can occur from various tragic events and activities; most often unexpectedly. Lofranco Corriero has worked with many injured patients who have suffered catastrophic brain injuries and continue to support the efforts of the Ontario Brain Injury Association. Lofranco Corriero have sponsored the OBIA Mix and Mingle fundraisers as a Silver Sponsor for many years in a row. Lawyers and the entire legal team participate in community events, charities and fundraisers to bring the community together and be apart of the people who they help. Personal Injury Law is all about helping the individual receive the benefits and rights that they deserve, when they are injured and disadvantaged. OBIA events are one of many outreach programs that Lofranco lawyers participate in and plan on participating in for many years to come!

Smashfest 2016

This year, Lofranco Corriero participated in the ping pong charity competition Smashfest for the 4th time in a row, supporting and raising money for concussion and cancer research. The event run by the National Hockey League Players’ Association (NHLPA) and NHL player Dominic Moore, has raised over $500,000 in the past five years of the annual charity ping-pong event being held. Many NHL players, athletes and celebrities have attended the charity event in support of rare cancer and concussion research.

Lawyers at Lofranco Corriero have participated and contributed to many community run charity and fundraising events, primarily to support injury related research. We continue to make efforts that can help others and bring support, resources and and opportunities to them. Lawyers BLANK placed BLANK in the competition this year, showing team spirit and leadership.