1 The Law Society of Upper Canada October 18, 2007 ACCIDENT BENEFITS: RECENT CHANGES AND DEVELOPMENTS Richard M. Bogoroch, Melinda J. Baxter and Tripta S. Chandler Bogoroch & Associates
2 REPRESENTING PERSONS UNDER DISABILITY Acting for persons under disability in the context of accident benefits litigation is a challenge for both counsel and for the insurer. Without clearly defined rules, similar to those found in the Rules of Civil Procedure, acting on behalf of a mentally incapable person is at times akin to travelling in an unfamiliar and unchartered area with only a rudimentary map to assist you. The purpose of this paper is to review the framework for acting for persons under disability and to assist counsel and the insurer in understanding the myriad of rules and procedures which inform and govern this aspect of the law. I wish to thank my associates, Melinda Baxter and Tripta Chandler, for their tremendous assistance in the preparation of this paper.
3 Approval of Accident Benefit Claims for Parties Under Disability: The Important First Steps and Ensuring an Expedited Conclusion I. INTRODUCTION Personal injury lawyers routinely represent clients as against their accident benefits insurer, who do not have the requisite capacity to instruct counsel, whether due to serious and permanent physical or psychological injuries they have sustained or due to the fact that they are a minor, and cannot represent themselves. The implications to an accident benefits case are far reaching, however, it is apparent that their impact at both the onset and conclusion of a case is of utmost importance. While an individual can be appointed to represent an applicant during the dispute resolution process by an adjudicator at the Financial Services Commission of Ontario (hereinafter referred to as FSCO ), without the appointment of a litigation guardian or an established Power of Attorney at the outset of a case, this often results in delays in the provision of required and urgently needed accident benefits. Similarly, at the end of the case, when settlement is reached, an established litigation guardian or Power of Attorney is highly effective in the resolution of a file, as court approval is necessary for the party under disability, and the lack of an established litigation guardian or Power of Attorney often results in unnecessary delays.
4 -4- II. THE LAW A. Mental Incapacity Defined In law, there exists a presumption that an adult is capable of making his or her own decisions with respect to all important aspects of daily life. This includes a presumption that the adult has the capacity to instruct a lawyer. When representing a client, the lawyer must be certain that the client understands the nature of the retainer, the circumstances of the case and the consequences and ramifications of any instructions given. A client and his/her counsel may disagree; however, as long as counsel believes that the client is sufficiently informed and mentally capable of giving instructions, the client s wishes must be respected. The enactment of the Substitute Decisions Act, 1992, S.O., c.30 ( the SDA ) and the subsequent amendments to Rule 7 of the Rules of Civil Procedure ( the Rules ), now govern our conduct in the case of a party who is under disability. Specifically, the Rules require that persons under disability be represented by a litigation guardian. A party under disability is a general term that includes both minors and mentally incapable adults. Rule 1.03 defines a mentally incapable individual as one who is incapable of managing his/her property or personal care, as defined by sections 6 and 45 of the SDA. Similarly, Rule 10 of the Dispute Resolution Practice Code ( DRPC ) also defines a person as mentally incapable as defined by sections 6 and 45 of the SDA, which read as follows: Section 6: A person is incapable of managing property if the person is not able to understand information that is relevant to making a decision in the management of his or her property, or is not able
5 -5- to appreciate the reasonably foreseeable consequences of a decision or lack of a decision. Section 45: A person is incapable of personal care if the person is not able to understand information that is relevant to making a decision concerning his or her own health care, nutrition, shelter, clothing, hygiene, or safety, or is not able to appreciate the reasonably foreseeable consequences of a decision or lack of a decision. B. Rule 10 of the Dispute Resolution Practice Code The procedures applicable to accident benefit claims before the Financial Services Commission of Ontario ( FSCO ) with regard to persons under disability are set out in Rule 10 of the DRPC, which states that a minor must commence a proceeding through a parent, a person with lawful custody, a court-appointed guardian of property or the Children s Lawyer. An adult who has been declared mentally incapable within the meaning of sections 6 or 45 of the SDA must commence a proceeding by an attorney with a valid power of attorney, a guardian of property appointed by the Court, or the Public Guardian and Trustee. If an adjudicator is of the view that a person lacks capacity to participate in the dispute resolution process, the adjudicator can appoint someone to act on that person s behalf. Under Rule 10.1 of the DRPC, a party to a mediation, settlement discussion, neutral evaluation or proceeding is presumed to have the mental capacity to manage his or her property, appoint and instruct a representative and conduct his or her own case. However, in the event that claimant is not mentally capable, Rule 10.2 of the DRPC applies.
6 -6- This Rule provides that a person who has been declared mentally incapable must commence a mediation or other proceeding through either: (a) (b) The Public Guardian and Trustee or a court-appointed guardian of property under the provisions of the SDA; or An attorney under a valid continuing power of attorney that gives the attorney authority over all the property of the party. 1 Rule 10.3 of the DRPC provides that where an adult party has not been declared mentally incapable with the meaning of section 6 or 45 of the SDA but exhibits signs of mental difficulty during the course of a mediation, settlement discussion, neutral evaluation or proceeding, either party may request a hearing on a preliminary issue, or the adjudicator or the Registrar may direct a hearing on a preliminary issue to determine the following: (a) Whether the party has the mental capacity to proceed in the dispute resolution process; (b) Whether there is an attorney with a valid continuing power of attorney over the party s property; or (c) Whether there is a person such as a spouse, same sex partner, near relative, close friend or a professional such as a doctor, lawyer or business entity, such as trust company, who has made or intends to make arrangements for the appointment of a guardian over the party s property under the provisions of the SDA The Dispute Resolution Practice DRPC, (Fourth Edition, May 31, 2001). Ibid.
7 -7- In the event that a dispute resolution proceeding through FSCO is commenced without compliance with Rule 10.3, Rule 10.5 of the DRPC provides a (temporary) remedy. The Rule states that where an adjudicator is not satisfied that a party has the mental capacity to proceed in the dispute resolution process and there is no attorney or person as described above, the adjudicator may appoint a spouse, same-sex partner or near relative of the party to act on the party s behalf, provided that the adjudicator believes that the individual is suitable, willing and able to proceed in the dispute resolution process and to receive and administer accident benefits on behalf of the person exhibiting 3 mental difficulty. The Rule also provides that the adjudicator may place such conditions or restrictions on appointments pursuant to this section as the adjudicator considers reasonable and necessary to protect the interests of the person exhibiting mental difficulty, the other parties to the proceeding and 4 the dispute resolution process. The finding of mentally incapacity by an adjudicator pursuant to the DRPC is much less onerous than an application for the appointment of a litigation guardian under the Rules. This principle was 5 established in Sukree Jagdeo and Royal & Sunalliance Insurance Company of Canada Ibid. Ibid. (FSCO A , August 26, 2002) (hereinafter referred to as Jagdeo ).
8 -8- In Jagdeo, the Applicant s father had brought an application to the Ontario Superior Court of Justice for a declaration that his father was mentally incapable of managing his property and to appoint the Applicant as guardian of his father s property. The application was rejected. When the matter came before FSCO, Arbitrator Miller held that she had jurisdiction to deal with the issue as to whether Mr. Jagdeo s father had the mental capacity to proceed in the dispute resolution process and to appoint Mr. Jagdeo to represent him in this process if she determined that he did not have capacity. In making this determination, Arbitrator Miller stated that an application to the Ontario Superior Court of Justice under the SDA is significantly different than the application under Rule 10 of the DRPC. Arbitrator Miller held that a finding of mental capacity pursuant to Rule 10.3(a) of the DRPC relates only to the narrow issue of whether or not a party has the mental capacity to participate in the dispute resolution process; by contrast, an application under the SDA deals with the broader issue of declaring that a person lacks the mental capacity to manage his/her property and to appoint 6 a guardian to manage same. Arbitrator Miller further stated that the powers granted to a person appointed to act for a mentally incapable individual under the DRPC are different to those granted to a guardian appointed pursuant to the SDA.. Arbitrator Miller held that the powers of a person appointed under the DRPC are narrower, limited to allowing the appointed person to receive and administer accident benefits and to participate in the dispute resolution process. 6 Ibid.
9 -9- C. Limits to Rule 10 of the Dispute Resolution Practice Code Although the enactment of Rule 10 was undoubtedly to provide applicants and their counsel with a less onerous and more expeditious method of proceeding through the dispute resolution process, ultimately, the Rule provides only a temporary solution to the issue of dealing with a mentally incompetent claimant. Although the Rule allows for the appointment of a representative authorized to instruct counsel during the dispute resolution process and with respect to settlement, the representative s authority ends there. In order to finalize settlement and deal with the disposition of settlement funds, a court-appointed guardian of property is required. Rule 10.7 deals explicitly with this, providing that any final settlements involving persons under disability must comply with 7 Rule 7.08 of the Rules of Civil Procedure, which requires formal approval of the Court. This reality was confirmed by Arbitrator Miller in the Jagdeo decision referred to above. Arbitrator Miller stated that (notwithstanding the existence of a representative appointed under Rule 10.5), Rule 10.7 of the DRPC requires that any settlement made by the representative of a party who has been found to lack mental capacity be approved by the Court in accordance with Rule 7.08 of the Rules, as only a person appointed pursuant to the SDA can be given complete control over all of a 8 disabled person s property. 7 8 Ibid. Ibid.
10 -10-9 The Jagdeo decision was upheld in M. v. Pembridge Insurance Co. In this decision, Arbitrator Killoran reviewed three FSCO cases: Jagdeo, Mr. Y and Allstate Insurance Company of Canada and Kabala and TD Home and Auto Insurance Company. Arbitrator Killoran concluded that from a procedural perspective, it is clear that paramount consideration is to be given to fairness between the parties with a predominant concern, particularly with a self-represented party, that the insured person has the capacity to understand the dispute resolution process. Arbitrator Killoran ultimately concluded that the applicant did not have capacity as he did not understand the content of the submissions, nor did he grasp what had just taken place. As there was no one available to represent the applicant, the Public Guardian and Trustee would have to be notified and appropriate steps 12 would have to be taken under the provisions of the SDA. In light of the foregoing, and for the reasons set out below, in cases where incapacity is clear, counsel would be well-advised to undertake the appointment of a guardian of property in the early stages of a claim (FSCO A , July 12, 2007) (hereinafter referred to as Pembridge ). (FSCO A , May 26, 2006). (FSCO A , May 4, 2006). 12 Ibid, supra, note 9.
11 -11- III. THE ROLE OF THE GUARDIAN As stated above, the early appointment of a guardian of property is often necessary and certainly advisable when dealing with an individual who does not have capacity and is not expected to regain capacity in the near future. A guardian of personal care is authorized to deal with matters such as housing, treatment and other necessary medical decisions. By contrast, a guardian of property is authorized to manage the incapable person s finances and, by extension, to make decisions regarding settlement (subject, of course, to court approval) and to instruct counsel with respect to same. In the context of an accident benefits claim, a guardian of property and personal care may be required for a variety of reasons, including the following: a. To sign Treatment Plans approving treatment on behalf of the insured person; b. To deal with treatment providers and to direct or authorize actions taken during the course of treatment; c. To manage the payment and disposition of weekly benefits (income replacement benefits, caregiver benefits or non-earner benefits); d. To instruct counsel in relation to the management of the accident benefits claim; and e. Ultimately, to make decisions regarding interim or final settlements, and to manage the monies received. In the course of my practice, I recently encountered a situation where an insurer threatened to terminate payment of all statutory accident benefits unless a guardian of property was appointed. In this case, the appointment of a guardian was mandated by the insurer (under duress of non-
12 -12- payment of benefits); however, the appointment of a guardian at an early stage is important in any event. IV. APPOINTING A GUARDIAN A. Determining when a Guardian is Required The first step for counsel when dealing with a mentally incompetent adult is to determine whether a court-appointed guardian of property is required. At the time of the retainer, when counsel usually meets with the claimant s closest family members, counsel should inquire as to whether there exists a valid Power of Attorney granted by the claimant prior to the onset of his/her incapacity. Perhaps it goes without saying that a mental incompetent is not capable of granting a valid Power of Attorney after the onset of his/her disability; however, it is a question frequently posed by family members of an injured person. If a valid Power of Attorney exists, this is sufficient to satisfy both the requirements of FSCO and the court in dealing with both the day-to-day management of an accident benefits claim and instructing counsel with respect to final or interim settlement. Unfortunately, in my experience, most people do not have either the foresight or the knowledge that a Power of Attorney would be of assistance in the event of incapacity resulting from an accident. Therefore, the vast majority of claimants have no valid Power of Attorney. The remainder of this section therefore deals with situations where no valid Power of Attorney exists.
13 -13- B. Capacity Assessment Prior to seeking the appointment of a guardian of property and/or personal care, counsel must arrange for a formal determination of incapacity. This determination must be made by a capacity assessor certified to perform capacity assessments pursuant to the Substitute Decisions Act. The Capacity Assessment Office, part of the Office of the Public Guardian and Trustee, can provide a list of certified capacity assessors. The assessor must meet with the claimant and then complete the requisite forms detailing his/her opinion as to whether the claimant is capable of managing his/her own property and/or personal care. In the event that the capacity assessor finds that the claimant is incapable, a court-appointed guardian will be required. C. Appointment of a Guardian of Property and/or Personal Care The next step to be taken in the event that the capacity assessor makes a determination of incapacity, a court-appointed guardian of property will be required. This is usually a close relative or friend or, in the event that the claimant does not have someone who may be able to act as a court-appointed guardian, the Public Guardian and Trustee. The appointment process is extremely onerous and beyond the scope of this paper; therefore, counsel should ensure that the process is managed by a lawyer with expertise in guardianship matters. D. Costs Associated with Guardianship Given the complexity of guardianship applications, the costs associated with same (including the cost of conducting a capacity assessment and the cost of the guardianship application itself) can be significant.
14 -14- The issue of who is responsible for payment of guardianship costs was dealt with by the Ontario 13 Superior Court of Justice in Stukic (Litigation guardian of) v. Personal Insurance Co. of Canada. In this case, Court held that the cost of obtaining a guardianship order for a catastrophically impaired plaintiff who was unable to deal with his property was compensable under s. 15(2) of the Statutory Accident Benefits Schedule. The court found that obtaining the guardianship order was a measure undertaken to reduce or eliminate the effects of the disability resulting from the impairment and therefore, the insurer was required to reimburse the claimant for the associated costs. V. COURT APPROVAL OF A SETTLEMENT A. The Appointment of a Litigation Guardian As stated above, the appointment of a guardian of property and/or personal care does not provide the guardian (or counsel taking instructions from the guardian) with the ability to settle an incapable claimant s accident benefits case without the approval of the court. Even if a guardian of property and/or personal care has been appointed prior to settlement of an accident benefits claim, the court must still approve the settlement as being in the claimant s best interests. Rules 7.08(1), (2) and (3) of the Rules provide that a settlement of a claim made by or against a person under disability is not binding on the person without the approval of a judge, whether or not a proceeding has been commenced. 13  O.J. No
15 -15- Generally, settlement of an accident benefits claim occurs in the context of an arbitration proceeding (or alternatively, in the during FSCO mediation, but in any event, outside the litigation context). The first step in the court approval process therefore involves the issuance of a Notice of Application, where the sole relief sought is approval of the accident benefits settlement. Prior to issuing a Notice of Application, counsel must have a litigation guardian appointed. This process is governed by Rule 7.08, which requires that the proposed litigation guardian file an affidavit confirming his/her relationship to the claimant and confirming that (s)he consents to act as Litigation Guardian and has no interests adverse to those of the claimant. Generally, the claimant s guardian of property and/or personal care should be appointed as litigation guardian. The role of the litigation guardian is to instruct counsel on behalf of the incapable plaintiff. A litigation guardian must have no interest in the person under disability s cause of action, nor can (s)he reap any benefit from the proceeds of settlement or judgment. A litigation guardian has full power over the ordinary proceedings and conduct of the action, limited only to the extent that any settlement on behalf of a person under disability must be approved by a judge in accordance with Rule B. Material required for Court Approval In recent months, the Toronto court has introduced a complex and rigorous process for obtaining court approval of settlements. Rule 7.08(4) outlines, in very general terms, the material required on a motion or application for the approval of a judge. The material required includes an affidavit from the claimant s litigation guardian, an affidavit from the solicitor, a copy of the proposed minutes of
16 -16- settlement and, where the person under disability is a minor over the age of 16, his/her consent in writing. Rule 7.08(5) provides that the judge may refer the court approval documents to the Children s Lawyer or Public Guardian and Trustee for a report outlining any objections to or concerns regarding the proposed settlement, along with any recommendations, with reasons for same. In Toronto, the recent practice of the roster of judges appointed to review applications for approval of settlements has been to refer the matter for the opinion of the Children s Lawyer or Public Guardian and Trustee in all cases. Through experience, I have determined that the inclusion of specific material to be provided to the Court on a motion for approval of settlement has assisted in expediting the court approval process and increasing the chance of court approval. While the provision of thorough material does not guarantee approval of a settlement, providing the court with complete information and a detailed overview of the case and the reasons for settlement will assist in expediting the approval process. At a minimum, the following material should be included in a motion for court approval of settlement for a party under disability: a. Retainer agreement; b. Mediation summaries (if any); c. Relevant medical reports; d. The guardian s written instructions regarding settlement;
17 -17- e. Actuarial or accounting reports detailing the present value of the various benefits to which the claimant is entitled; f. A letter from the insurer with a breakdown of benefits paid to date; g. Guardianship Orders; h. Details regarding the proposed structured settlement (if any); and I. Information regarding the proposed disposition of the settlement funds, including a management plan. The court approval process may take time; however, counsel should rest assured that the insurer will likely be considered to be bound to the settlement pending court approval, even if the claimant s circumstances change. In the Ontario Court of Appeal s decision in Wu Estate v. Zurich Insurance 14 Co., the court held that an insurer cannot repudiate a minor settlement pending court approval, even when the law relating to the insurer s liability had subsequently changed. This case involved the status of a settlement agreement based on the death of the applicant prior to the approval of the Court. The Court held that prior to the applicant s death, the accident benefits settlement had become a contractual right to the agreed amount contingent upon obtaining the court s approval, which was a chose in action, which, by operation of law, became operational once court approval had been given. The court further held that the applicant s estate could enforce the obligation to pay 15 once court approval was obtained  O.J. No Ibid.
18 -18- VI. CONCLUSION While a FSCO adjudicator has jurisdiction to appoint a representative for the applicant when it has been determined they lack mental capacity throughout the dispute resolution process, it is clear that the appointment of a guardian of property (in the absence of a valid pre-existing Power of Attorney) at the outset of the case is paramount as ultimately, a court-appointed guardian will be required for the approval of settlement by the Court. In addition, the appointment of a guardian in the first steps of litigation will help to streamline all aspects of the management and settlement of an accident benefits claim, as the provisions of the DRPC are insufficient to effect settlement of a claim. By having a guardian appointed early in the process and adhering to the principles outlined above, accident benefits claims can be managed in the most efficient manner possible and settlement can be achieved with a minimum of delay.
RULE 63 DIVORCE AND FAMILY LAW Definitions (1) In this rule, Application claim for relief includes a child support order, a spousal support order, a custody order, a property order, and corollary relief
A GUIDE TO THE SUBSTITUTE DECISIONS ACT 0-7794-2147-7 Queen s Printer for Ontario, 2000 Introduction to the Guide 03 The Subsitute Decisions Act 06 Some Important Definitions 08 Decisions About Property
Attorney/Guardian/Client Memorandum: re Personal Care The Duties and Powers of a Guardian/ Attorney of the Person The powers and duties of a guardian/attorney of the person are fully set out in the Substitute
Rule 60A - Child and Adult Protection Scope of Rule 60A 60A.01(1) This Rule is divided into four parts and it provides procedure for each of the following: (c) (d) protection of a child, and other purposes,
ACCIDENT BENEFIT CONTINGENCY FEE RETAINER AGREEMENT This contingency fee retainer agreement is B E T W E E N : Bogoroch & Associates LLP Sun Life Financial Tower 150 King Street West, Suite 1707 Toronto,
ESTATE PLANNING Ian M. Hull and Nick Esterbauer Ian M. Hull Tel: (416) 369-7826 Fax: (416) 369-1517 Email: email@example.com Nick Esterbauer Tel: (416) 640-4818 Fax: (416) 369-1517 Email: firstname.lastname@example.org
Factors to Consider When Handling a Long Term Disability Benefits Case Several issues may arise in the course of a lawsuit for long term disability benefits. This paper provides strategic suggestions on
Advisory Planning for incapacity using a power of attorney It is possible that at some point in our lives we may become incapable of making decisions for ourselves, either temporarily or permanently, due
OFFICE OF THE PUBLIC GUARDIAN AND TRUSTEE MAKING SUBSTITUTE HEALTH CARE DECISIONS The Role of the Public Guardian and Trustee The Office of the Public Guardian and Trustee Making Substitute Health Care
New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other
Financial Services Commission of Ontario Commission des services financiers de l Ontario July 2003 CODE OF CONDUCT FOR STATUTORY ACCIDENT BENEFIT REPRESENTATIVES Issued by the Superintendent of Financial
PREAMBLE ADRC Modified Dispute Resolution Practice Code ( ADRC Code ) ADR Chambers, Inc. ( ADRC ) has designed this Modified Dispute Resolution Practice Code ( ADRC SABS Code or ADRC Code ) and Section
VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a
CAR ACCIDENT GUIDE TABLE OF CONTENTS Page Introduction... 1 First Step... 1 Finding and Hiring a Lawyer... 1 Financial Arrangements... 2 Your Claim... 3 Documenting Your Claim... 5 Parties to the Claim...
MONTGOMERY COUNTY CIRCUIT COURT FAMILY DIVISION JUVENILE DIFFERENTIATED CASE MANAGEMENT PLAN THIRD EDITION JANUARY 2016 INTRODUCTION The mission of the Montgomery County Circuit Court is to serve the Sixth
ONTARIO DISPUTE RESOLUTION SYSTEM REVIEW Submissions by: The Canadian Centre of Excellence in Injury Law October 10, 2013 www.injurylawcentre.ca 1 Introduction The Canadian Centre of Excellence in Injury
The Contingency Planning Guide for ParaleGals October 2014 Visit For Paralegals at www.lsuc.on.ca or phone 416-947-3315 or 1-800-668-7380 ext 3315 THE CONTINGENCY PLANNING GUIDE Contingency planning for
RULE 7 PARTIES UNDER DISABILITY REPRESENTATION 7.01 A proceeding shall be commenced, continued or defended on behalf of, (a) a minor, by a litigation guardian; (b) a person who has been declared mentally
Powers of Attorney This booklet contains forms for Continuing Power of Attorney for Property and Power of Attorney for Personal Care Ministry of the Attorney General NOT FOR SALE Table of Contents Ontario's
IN THE MATTER OF THE INSURANCE ACT, R.S.O. 1990 c. I.8, as amended AND IN THE MATTER OF THE ARBITRATION ACT, S.O. 1991, c.17, as amended BETWEEN: AND IN THE MATTER OF AN ARBITRATION WAWANESA MUTUAL INSURANCE
SUPERIOR COURT OF THE COUNTY OF LOS ANGELES If you are a subscriber of Kaiser Foundation Health Plan, Inc. and you, or your dependent, have been diagnosed with an autism spectrum disorder, you could receive
Case:-cv-00-CRB Document Filed0// Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 0 IN RE HP SECURITIES LITIGATION, This Document Relates To: All Actions MASTER
EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:
NOTICE TO THE BAR DIVORCE DISPUTE RESOLUTION ALTERNATIVES TO CONVENTIONAL LITIGATION DESCRIPTIVE MATERIAL REQUIRED BY RULE 5:4-2(h); CERTIFICATION FORMS As part of the July 27 rule amendments that went
Briefing Note 2005, 2007 College of Physiotherapists of Ontario 2009 Contents Overview...3 Putting the in Context...3 The HCCA in Brief...4 Key Principles Governing Consent to Treatment...4 Key Aspects
EMERGING FROM THE QUAGMIRE: WHEN YOUR CLIENT OR HIS LITIGATION GUARDIAN TURNS ON YOU BY HEIDI R. BROWN BOGOROCH & ASSOCIATES Personal Injury Law and Practice Osgoode Hall Law School Continuing Legal Education
BETWEEN: TRACY SCHUTT Applicant and ALLSTATE INSURANCE COMPANY OF CANADA Insurer DECISION ON A PRELIMINARY ISSUE Before: Heard: Appearances: Joyce Miller Written submissions from both parties were received
Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza
Milwaukee Bar Association Fee Arbitration Attached are the Rules for the arbitration of fee disputes on behalf of the Milwaukee Bar Association. In consideration of the arbitration services to be rendered,
CONTINGENCY FEE RETAINER AGREEMENT This contingency fee retainer agreement is B E T W E E N : POTESTIO LAW FIRM 401 Bay Street, Suite 1400 Toronto ON M5H 2Y4 Tel: 905 850 2642 Fax: 905 850 8544 Toll Free:
Pre-Approved Retainer Agreements for the Disabled and Minors Written by Allen Wynperele and Laura McCracken, April 24, 2012 Contingency Fee Retainer Agreements were not permitted prior to the amendments
Singapore International Commercial Court Practice Directions (Amendment No. 1 of 2016) Part X: Originating Processes and Documents 66A. Timelines for proceedings commenced by Writ of Summons and by Originating
SCHEDULE 13 DISPUTE RESOLUTION PROCEDURE 1. INTERPRETATION 1.1 Definitions In this Schedule, in addition to the definitions set out in Section 1.1 of the Agreement: "Dispute" means any disagreement, failure
Practice Guidelines for Custody and Access Assessments Guidelines for Social Work Members of the Ontario College of Social Workers and Social Service Workers Effective September 1, 2009 2009 Ontario College
SUPREME COURT OF NOVA SCOTIA Citation: Webber v. Boutilier, 2016 NSSC 5 Date: 20160105 Docket: Hfx No. 241129 Registry: Halifax Between: Cindy June Webber v. Plaintiff Arthur Boutilier and Dartmouth Central
1. NOTIFICATION OF USE OF DSI DISPUTE SOLUTIONS, INC. ARBITRATION RULES Any company intending to incorporate these rules or to refer to the alternative dispute resolution (ADR) services of Dispute Solutions,
Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne A BILL for AN ACT to provide for the economical and early resolution of claims for damages for personal injuries before proceedings are commenced,
What is the Adult Guardianship and Trusteeship Act (AGTA)? The Adult Guardianship and Trusteeship Act (AGTA) legislation replaced the 30 year old Dependent Adults Act (DAA). The AGTA is mainly about providing
Case 3:11-cv-00545-RCJ-WGC Document 96 Filed 12/18/14 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA HOWARD L. HOWELL, Lead Plaintiff, ELLISA PANCOE, Individually and on Behalf of All Others
MEMORANDUM To: Erin Leveton, Legislative and Policy Analyst State Office of Disability Administration, Department on Disability Services From: Morgan K. Whitlatch, Senior Attorney Quality Trust for Individuals
COMMONWEALTH OF MASSACHUSETTS JUVENILE COURT DEPARTMENT JUVENILE COURT RULES FOR THE CARE AND PROTECTION OF CHILDREN Rule 1. Scope of Rules These rules apply to all actions in the Juvenile Court Department
Claims Assessment Guidelines Guidelines issued pursuant to section 69(1) of the Motor Accidents Compensation Act 1999 (NSW) for or with respect to the procedures for the assessment of claims under Part
Family Law Client Information Package The end of a relationship can be very difficult. In addition to the obvious emotional issues, couples are often faced with challenging financial and legal problems.
Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize
CONTINGENCY FEE RETAINER AGREEMENT This contingency fee retainer agreement is and B E T W E E N : Bogoroch & Associates Sun Life Centre 150 King Street West, Suite 1707 P.O. Box 56 Toronto, Ontario M5H
NEW YORK STATE SUPREME COURT APPELLATE DIVISION, FOURTH DEPARTMENT HONORABLE HENRY J. SCUDDER PRESIDING JUSTICE GUIDELINES FOR ATTORNEYS FOR CHILDREN IN THE FOURTH DEPARTMENT PREFACE The Departmental Advisory
Senate Bill 202 By: Senators Unterman of the 45th, Mullis of the 53rd and Chance of the 16th A BILL TO BE ENTITLED AN ACT 1 2 3 4 To amend Article 5 of Chapter 8 of Title 31 of the Official Code of Georgia
california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with
AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and
Province of Alberta MOTOR VEHICLE ACCIDENT CLAIMS ACT Revised Statutes of Alberta 2000 Chapter M-22 Current as of April 1, 2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s
PRACTICE NOTE: LAWYER FOR THE CHILD: CODE OF CONDUCT 1 INTRODUCTION AND COMMENCEMENT 1.1 This Code of Conduct for lawyers appointed to act for children in Family Court proceedings replaces the previous
Financial Power of Attorney Planning to Protect Yourself and Your Autonomy October 2011 There are Montanans who, because of their circumstances, could benefit from having a power of attorney (POA). A POA
What to do when a lawyer dies: Sounds like a line from a lawyer joke, but it s not. There are some serious considerations. Being mindful that the lawyer may have assumed the responsibility for thousands
Volume 25, No. 1 - October 2012 Family Law Section Clinical Services at the Office of the Children s Lawyer By Lucy McSweeney and Nancy Webb 1 The Office of the Children's Lawyer [ OCL ] is an independent
EVER ESCALATING CLAIMS: THE EVOLVING AUTO INSURANCE PRODUCT STRESSES ON THE SYSTEM By: Catherine Korte For those of you who self insure, let s say the first million. For those of you who own fleets. For
OFFICE OF THE PUBLIC GUARDIAN AND TRUSTEE POWERS OF ATTORNEY AND LIVING WILLS Questions and Answers The Office of the Public Guardian and Trustee Powers of Attorney and Living Wills ISBN 978-1-4249-3918-3
Number 38 of 2013 Social Welfare and Pensions Act 2013 Number 38 of 2013 SOCIAL WELFARE AND PENSIONS ACT 2013 CONTENTS PART 1 PRELIMINARY AND GENERAL Section 1. Short title, construction, collective citations
Law Society of Saskatchewan Queen s Bench Rules of Court webinars Part 1: Overview Reché McKeague Director of Research, Law Reform Commission of Saskatchewan January 28, 2013 Table of Contents 1. Introduction...
CONSENT, CAPACITY AND SUBSTITUTE DECISION-MAKING: THE BASICS By: Judith Wahl B.A., L.L.B. There are three Ontario statutes that are relevant to a discussion of these issues: the Substitute Decisions Act,
Interjurisdictional Support Orders Act CHAPTER 9 OF THE ACTS OF 2002 as amended by 2002, c. 30, s. 9; 2012, c. 24; 2012, c. 62 2013 Her Majesty the Queen in right of the Province of Nova Scotia Published
Accounting and Related Services Arbitration Rules and Mediation Procedures Rules Amended and Effective February 1, 2015 Available online at adr.org/accounting Table of Contents Introduction.... 6 Standard
STRUCTURED SETTLEMENTS NORTH CAROLINA TRIAL JUDGES BENCH BOOK, SUPERIOR COURT, VOL. 2 (Civil), Structured Settlements, at pp. 4-7 (3d ed.) (Institute of Government 1999) A. THE APPROVAL HEARING 1. Plaintiff
3721L.01I AN ACT To amend chapter 383, RSMo, by adding thereto thirteen new sections relating to the Missouri health care arbitration act. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,
The Advocates Society PROMOTING EXCELLENCE IN ADVOCACY March 12, 2014 VIA EMAIL AND FAX The Honourable Charles Sousa Minister of Finance 7 th Floor, Frost Building South 7 Queen s Park Crescent Toronto,
JAMS Dispute Resolution Rules for Surety Bond Disputes Effective February 2015 JAMS DISPUTE RESOLUTION RULES FOR SURETY BOND DISPUTES JAMS provides arbitration and mediation services worldwide. We resolve
OFFICE OF THE ETHICS COMMISSIONER PROVINCE OF ALBERTA REPORT TO THE SPEAKER OF THE LEGISLATIVE ASSEMBLY OF THE INVESTIGATION BY THE ETHICS COMMISSIONER INTO ALLEGATIONS INVOLVING BRIAN EVANS, Q.C., FORMER
À votre service...pour le soin de votre avenir. Depuis 1968. ESTATE PLANNING POWERS OF ATTORNEY E-5 Here for you now... Here for your future. Since 1968. A. Introduction This fact sheet is general information
Date: 20160317 Docket: T-1068-14 Ottawa, Ontario, March 17, 2016 PRESENT: The Honourable Madam Justice Kane BETWEEN: RAYMOND MICHAEL TOTH Plaintiff and HER MAJESTY THE QUEEN Defendant ORDER UPON motion
Pg 1 of 10 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------x In re: SOUND SHORE MEDICAL CENTER OF WESTCHESTER, et al., 1 Debtors.
RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]
Accident Benefits & Spinal Cord Injuries under Bill 198 Presented by: David F. MacDonald, David A. Payne & Wendy Moore Johns June 23, 2005 Attendant Care Provided by Family Members in Hospital Pay Now,
PRACTICE guideline Consent Table of Contents Introduction 3 Major Features of the Legislation 3 The Health Care Consent Act (HCCA) 3 The Substitute Decisions Act (SDA) 4 Definitions 4 Basic Facts About
Universal Market Integrity Rules Rules & Policies 10.8 Practice and Procedure The practice and procedure governing hearings pursuant to this Part shall be made by a Policy. POLICY 10.8 - PRACTICE AND PROCEDURE
1 THIS AGREEMENT is made the day of 20 B E T W E E N: THE LAW AID TRUST of 205 William Street, Melbourne, Victoria (hereinafter called Law Aid ) AND [NAME OF SOLICITOR FIRM] of [STREET ADDRESS OF FIRM]
OFFICE OF THE PUBLIC GUARDIAN AND TRUSTEE THE ACCOUNTANT OF THE SUPERIOR COURT OF JUSTICE The Office of the Public Guardian and Trustee The Accountant of the Superior Court of Justice ISBN 978-1-4249-3912-1
Compensating Attorneys for Personal Care Melanie A. Yach Aird & Berlis LLP Statutory Entitlement to Compensation? Section 40 of the Substitute Decisions Act, 1992 1 expressly contemplates that an attorney
SUPREME COURT OF NOVA SCOTIA P.M.6B Practice Memorum No. 6B Infant Settlement Precedents Under $25,000 The attached precedents may be used for approval of settlements on behalf of a child for $25,000 or
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the
Mental Competence Public Legal Education and Information Service of New Brunswick (PLEIS-NB) is a non-profit charitable organization. Its goal is to provide the public with information about the law. PLEIS-NB
STEP TORONTO BRANCH PROGRAM JANUARY 14, 2015 OSGOODE HALL GUARDIANSHIP - DEALING WITH MINORS AND ADULTS UNDER DISABILITY Materials prepared by Kimberly Whaley Whaley Estate Litigation email@example.com
New South Wales Workers Compensation Amendment (Transitional) Regulation 2012 under the Workers Compensation Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the
GUARDIANSHIP LAW IN NORTH CAROLINA for General Guardians - Guardians of the Person-Guardians of the Estate IMPORTANT The Clerk of Superior Court in all 100 counties in North Carolina serves as the judge
MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook Introductory note. These are the Model Directions for use in the first Case Management Conference in clinical
COURT OF COMMON PLEAS PROBATE DIVISION ASHTABULA COUNTY, OHIO IN THE MATTER OF RULES OF COURT FOR THE COMMON PLEAS COURT PROBATE DIVISION ASHTABULA COUNTY, OHIO JUDGMENT ENTRY Pursuant to Superintendence