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  • Why do accident victims always get the short end of the stick?

    Wednesday, August 10th, 2011; Article by Jack Fireman
    I have been practicing law in the province of Ontario since 1966, but my retrospective on this topic picks up in 1985, when I was made the treasurer of the fair committee to deal with and lobby against impending no-fault insurance legislation.

    Before 1990, there was a form of no-fault insurance, which provided up to a maximum of $25,000.00 total, for medical and rehab benefits for 4 years, and I believe it was up to $140.00 per week, for income replacement benefits,

  • Dealing with Difficult Clients

    Thursday, June 16th, 2011; Article byJack Fireman
    I don’t see a great deal of difference in approach between the everyday “good” client and the one described as difficult.If we take a standard approach to all our clients then, in my view, the so-called difficult one will fall into line.

    Let’s face it. Very few of us would discharge a client who presents the opportunity of a substantial fee, just because he or she is somewhat difficult or demanding.

  • Acting For The Plaintiff In A Chronic Pain, Fibromyalgia And Chronic Fatigue Case

    Wednesday, September 25th, 2002; Article byJack Fireman
    Firstly, it should be recognized that whether we are dealing with chronic pain, fibromyalgia, or chronic fatigue, all of the following tactics and strategies would apply equally.

    Education of the client is the first important step. The plaintiff must be made to understand the importance of their credibility, if the case is to succeed. They must appreciate that nothing any doctor may, or may not, say, is of equal importance. Indeed,

  • The Insurer’s Perspective of the Case

    Wednesday, September 25th, 2002; Article byJack Fireman
    Education of the client is the first important step. The plaintiff must be made to understand the importance of their credibility, if the case is to succeed. They must appreciate that nothing any doctor may, or may not, say, is of equal importance.

    Indeed, they must be made to appreciate that a favourable medical report, or testimony, will be useless without maintaining their credibility, since defence counsel is certain to point out on cross-examination of the plaintiff’s doctor,

  • Recent Developments In The Bodily Injury Area

    Article by Jack Fireman, Apr 4, 2011; Article byJack Fireman
    Suffering a serious injury can be a terrifying and life-altering experience. Whether you or someone you care about has been injured, the uncertainty that follows can be overwhelming.

    The personal injury law firm of Fireman Steinmetz Daya offers you experienced guidance and the peace-of-mind that comes with knowing that your interests are well represented.

  • Presentation to Juries, Including Opening and Closing

    Article by Jack Fireman, Apr 1, 2011Jack Fireman
    You don’t learn the most important thing by far, about how to be a successful jury trial lawyer in law school. You actually begin to learn these things during the course of your life experiences well before law school.

    In life, as in any jury trial, there are choices to be made by people (the jurors) and, as in a trial, there is a range within which choices are made.

  • John vs Flynn And Eaton Yale: Sobering Thoughts On Social Hosts Liability

    Article by Jack Fireman, Apr 1, 2011Jack Fireman
    This case, litigated by Barb Legate in January 2000 (obviously in a highly competent fashion), is, in my view, potentially groundbreaking, but on the other hand, in many ways difficult to fully appreciate its future ramifications.

    To appreciate the implications of any decision, it is critical that we understand its context.Firstly, at trial, this case involved three parties: Flynn, the defendant and an employee of Eaton Yale, who, while significantly intoxicated and operating his motor vehicle, seriously injured the plaintiff Mr. John.

  • The Use Of Tests By Defence Experts

    Article by Jack Fireman, Apr 1, 2011Jack Fireman
    The use of published studies to support the notion that in Delta V of less than 5 km – 8 km, in rear end collisions, have become a very common defence tactic in soft tissue cases.

    Generally, the studies conclude that at an impact of equal, or lesser force, it is not possible for anything other than transitory discomfort to occur.

  • Contingency Fee Agreements

    Article by Jack Fireman, Apr 1, 2011Jack Fireman
    Following on the decision of the Ontario Court of Appeal in “Raphael Partners vs Lam”, released September 24, 2002, there is no longer any doubt that a contingency type agreement is legal whenever it might have originally been consummated.

    This case involved a young man who became quadriplegic following an injury suffered in an unsupervised judo class at the University of Windsor. The case settled at mediation for 2.5 million dollars.

  • Strategy in Jury Trials

    Article by Jack Fireman, Apr 1, 2011Jack Fireman
    The question, if, and when, counsel should attack a medical expert on the issue of bias, is at best a difficult one, because strictly speaking, both bias and competence are legitimate issues when determining the admissibility of the expert’s evidence or the weight to be given to it.

    Like anything else, there is a right way and a wrong way of going about it. The problem is that the profession is split on which way is right.

  • Cross-Examination of Expert Doctors on Bias

    Article by Jack Fireman, Apr 1, 2011Jack Fireman
    As well, having practiced on both sides of the bar, namely, at the defence bar for over 30 years, and now almost a year on the plaintiffs’ side, hopefully, my comments will be seen as having some measure of objectivity and balance.

    My ultimate thesis in this paper is that, just as the President of the Advocates’ Society, Ronald Slaght, Q.C., has called for “civility in the legal profession”, it seems to me that we should be extending that civility to our expert witnesses who, after all, are doing us a favour by

  • Institutional Bad Faith: Are There Limits Any More?

    Article by Jack Fireman, Apr 1, 2011Jack Fireman
    Bad faith can come in all shapes and forms. In accident benefits cases, it is a duty to deal with the insured in good faith and not in an adversarial fashion. In tort, we all are probably aware that bad faith may be demonstrated where an offer to settle within limits is made, yet the insurer refuses to accept it and the ultimate judgment goes over limits.

    The question arises as to whether bad faith may exist even where there was no offer to settle within the policy limits and the judgment of the Court is in excess of those limits.

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