The Quick & Dirty Personal Injury Update: The Contingency Fee Agreement; Occupier’s Liability Act Update & FLA Limitation Periods; The Virtual Trial | CPDonline.ca

The Quick & Dirty Personal Injury Update: The Contingency Fee Agreement; Occupier’s Liability Act Update and FLA Limitation Periods; The Virtual Trial

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Credits
Professionalism (Ethics, etc.): 0.5
30 minutes
Substantive: 1.25
80 minutes
Published
2021
Presenter(s)
Kieran Dickson
Brendan Farrer
Jim Mays
Andrew Spurgeon
Dagmara Wozniak
Source
Middlesex Law Association
Provider
CPDOnline.ca
Language
English
Length
110 minutes
Price
$129.00 plus tax
Includes Handouts

The Contingency Fee Agreement

Andrew Spurgeon will discuss the nuts and bolts of the new standard form Contingency Fee Agreement.  Points of interest will include:

  • The Fee calculation formula
  • Role of “Costs”
  • Mandatory use
  • Flexibility
  • Required disclosure of maximum rates on the firm’s website
  • Provision of the Consumer Guide
  • Explanation of Reasonableness
  • Disclosure of client’s right to assess

Occupier’s Liability Act Update and FLA Limitation Periods

Brendan Farrer will provide an update on the new notice period for injuries caused by snow or ice under the Occupiers’ Liability Act and an update on recent case law regarding the limitation period for Family Law Act claims.

The Virtual Trial

Jim Mays, Dagmara Wozniak and Kieran Dickson shared their experience from one of the first virtual trials in the southwest region.  They commented on logistics, particularly managing lay witnesses, equipment, the benefits of a pre-trial management conference, and other strategies such as one person managing the shared “cloud” folder of documents (exhibits, pending exhibits etc.)  In the likely event that judge alone trials could proceed on Zoom in the future, these are helpful considerations for your future court appearances and trials.

Presenters

Kieran Dickson

Kieran Dickson practices exclusively in the area of insurance defence litigation, primarily defending personal injury claims. He also devotes a significant proportion of his time to appellate advocacy. Kieran is active in the Hamilton community and is a proud resident of the James Street North district.

Brendan Farrer

Brendan Farrer was called to the bar in 2014. He is counsel at Economical Insurance in London, handling motor vehicle accident claims, Occupiers’ Liability Act claims, and property damage matters.

Jim Mays

Jim Mays was called to the Bar in 1987 and has practised exclusively at Siskinds LLP for 34 years.  His practice is roughly equal parts Plaintiff PI and Insurance Defence.  He is certified by the LSO as a Specialist in Civil Litigation.  He is married with four children and 1 grandchild.

Andrew Spurgeon

Andrew Spurgeon is a Partner of Ross & McBride LLP.  He received his LL.B from Osgoode Hall Law School; his B.A. and M.A. from York University.  He has appeared in all levels of Court in Ontario.  He frequently speaks at legal education events relating to advocacy, tort, insurance, civil procedure and legal ethics.     

Andrew is a past President of the Hamilton Law Association; a former Director of the Advocates Society; and a recipient of the Ontario Trial Lawyers Association’s Distinguished Service Award. 

Andrew is an Adjunct Professor of Law at Western University, the Chair of the Board of Directors of the Lawyers Professional Indemnity Company (LAWPRO) and a Bencher of the Law Society of Ontario.

Dagmara Wozniak

Dagmara Wozniak was called to the bar in 2009. Her practice focuses on estate litigation and personal injury.  She is a native Londoner having moved to London in highschool, pursued her undergraduate and later her law school education at Western University.  She established her practice at Siskinds LLP, where she joined the partnership in 2019.  Dagmara also serves the Polish community with broader civil litigation services.

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