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Category Archives: contingency fee agreements

Treating Health Care Providers (Physicians) – Can they provide expert or other evidence at trial?

Can A Treating Medical Practitioner Give Evidence at Trial? By Charles Thompson, QTMG Injury and Accident Lawyers, Ottawa, on June 2, 2015 In the recent case of Westerhof v Gee Estate, 2015 ONCA 206, the Ontario Court of Appeal discussed the distinction between a litigation expert (an expert retained by counsel to give expert opinion evidence), and a participant expert (an expert such as a doctor who has formed an opinion based on their own involvement with the events at issue and is called by counsel to give that opinion). The court concluded that it is not necessary for a participant expert to produce an expert’s report in accordance with Rule 53.03 in order to give their expert opinion at trial. The Westerhof decision is significant for the …

other accidents

The Use of Adverse Cost & Disbursement Protection in Ottawa Personal Injury Cases

In Ontario, there are a few existing and emerging legal insurance and indemnity products available to injury victims. There are loans available to injury victims to assist them financially while they recover form their injuries (litigation loans). Another product is called “legal costs protection” which essentially is insurance providing coverage to injury victims involved in litigation who might face having to pay costs to a successful opponent in the litigation process (costs on motions and conferences for instance). Also, the insurance can protect the client and lawyer against costs resulting from a loss at trial. In Ontario, the successful party is generally presumed entitled to costs from the losing party. Some insurers provide incentives such as no up-front cost of insurance and/or no fee or premium will become …