Marc Nicholas Quinn
Ottawa Injury Lawyer
Category Archives: no fee until you win
What is the role of a judge in an Ottawa personal injury or accident case or trial?
The Role of the Judge in a Court Proceeding At trial, the Judge (or juries as the case may be) decides who wins and who losses a personal injury action. The primary role of a Judge is to act as the trier of fact. However, before trial, Judges also ensure that parties obey the rules of civil procedure, ensuring that all parties fairly follow the correct procedural steps. If the rules of procedure are abused, this may confer an unfair advantage on a party behaving sharply. Sometimes, a judge may interpret and apply the procedural rules in such a way so as to ensure that a matter moves along swiftly, fairly and efficiently. This is called judicial discretion. Judges help ensure the rules are followed As explained …
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 …