Noohi Law personal injury lawyers Toronto

Contingency Fee Agreements (CFA)

admin • Oct 08, 2019

Lawyers and paralegals are permitted to utilize contingency fee agreements with their clients in certain contexts. It is crucial for legal professionals to understand when it is appropriate to charge by way of a contingency fee arrangement and when it isn’t. It is also important that you know when a contingency fee arrangement may or may not be suitable for your circumstance so that you can be a better advocate for yourself.

It is prohibited for lawyers and paralegals to charge using contingency fees in all
criminal and quasi criminal cases. Paralegals cannot undertake family law cases but the lawyers who do must ensure that they do not utilize contingency agreements with these clients.


Additionally, lawyers are mandated to abide by the Solicitors’ Act and the instructions outlined in O. Reg. 195/04 when drafting contingency fee agreements. Paralegals are encouraged to do the same even though they are not governed by the Solicitors’ Act. All legal professionals must ensure that they make all contingency agreements in writing.


Whenever any legal professional is determining how to charge their clients, the test they must consider is whether the fees they are charging are fair and reasonable. They must ensure that they are meeting this test every time. You, as a client, also have the right to have the Superior Court of Justice assess the fees provided in the solicitor’s account.


It’s imperative that you keep this information in mind when you are signing a
contingency fee retainer agreement with your lawyer.


Contact us at  (416) 907-7364  or send us an email with your inquiry
at 
info@noohilaw.com



***Disclaimer: This article is written for informational purposes only and should not be  relied upon as legal advice***

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What happens If I’m Hit by an Uninsured Driver?
by admin 29 Oct, 2021
What happens If I’m Hit by an Uninsured Driver? An uninsured driver is a driver who is operating a motor vehicle without having motor vehicle insurance When these drivers get involved in motor vehicle accidents, they place a great burden on all Ontario residents. Approximately 2,100 uninsured motor vehicle accidents occur annually in Ontario. And, despite the high fine of driving uninsured ($ 5000 in Ontario), there are still many individuals who wrongfully choose to take the risk. It also doesn’t help that we Ontarians have some of the highest insurance premiums in the country. However, the equally high fine of driving uninsured is still not enough of a deterrent. This is also in addition to lack of adequate systems to verify insurance coverage on routine traffic stops. So, what happens if you fall victim to a motor vehicle accident with an uninsured driver? Insured drivers in this situation are covered under the “no fault” statutory accident benefits of their motor vehicle insurance policy. All motor vehicle policies in Ontario include coverage for damages caused by both insured and uninsured drivers. If you are involved in a motor vehicle accident with an insured driver, you will be covered under your insurance . The maximum amount that can be paid out for a Plaintiff’s claim for damage is $ 200,000 for unidentified motorist coverage and uninsured motorist coverage. This is significantly less than the maximum pay-out for most auto insurance policies! Victims can file lawsuits against liable uninsured drivers for injuries and damages. If all parties involved in the accident lack insurance coverage, the victims still have access to coverage for their damages through Ontario’s Motor Vehicle Claims Fund (MVCF) . The MVCF compensates victims of uninsured drivers in a car accident up to a maximum of $ 200,000 in damages including property damage, if for example, an uninsured pedestrian is hit by an uninsured driver. This coverage is only available to residents of Ontario for accidents that occurred within the province . The MVCF is the last resort option when there is no insurance coverage for the damages. What happens if you’re uninsured and you fall victim to a motor vehicle accident? Uninsured drivers do not have the same ability to sue . Under Ontario’s Insurance Act , an uninsured driver who was injured in a motor vehicle accident cannot sue for injury compensation .  Ontario has a long way to go to improve its problem of uninsured drivers. Better monitoring and deterrence of uninsured drivers can be effective tools if the police are provided direct access to a database that records a driver’s insurance history, allowing this information to be easily accessible to the police during routine traffic stops. Please contact Noohi Law for a free consultation if you suffered a personal injury. Our team of experienced lawyers will provide you free legal advice and will assist you with your potential claim. We will ensure the disclosure of all relevant facts and evidence to obtain the benefits you are reasonably entitled to, so that you can focus on your recovery. Contact us at (416) 907-7364 or send us an email with your inquiry at info@noohilaw.com
Motor vehicle insurance companies lowering insurance rates
by admin 22 Apr, 2021
Motor vehicle insurance companies lowering insurance rates: It’s not a surprise that we Ontarians pay a lot for our motor vehicle insurance. Insurers have a well-established reputation of overcharging Ontario drivers. As many people are practicing social distancing and self-isolating, there are fewer and fewer drivers on the road. As such, some insurance companies are offering relief to drivers by lowering their premiums or deferred payments. Premier Doug Ford also announced on April 30, and asked insurance companies to lower or defer payments for Ontarians, because people are not driving as frequently as before. Specifically, there will be insurance relief for those who have been laid off or lost their jobs, the sick or elderly, as well as for those who are working from home and have reduced kilometers traveled. Drivers are now reaching out to their insurance companies and have made requests for refunds on premiums, payment deferrals, premium adjustments, the waiving of missed payment fees or extended existing coverage. Some insurance companies have extended savings to all their clients whether or not they have experienced financial hardship due to COVID-19. For example, Allstate Insurance Company has announced that it will spend $ 30 million on rebates for its customers with stay-at-home payments. Every client will receive a one-time payment of 25% of their monthly auto premium. Allstate customers do not need to apply for the rebate and they should receive a cheque in mid-May.  Contact your insurance company to see if you’re eligible for a break on your insurance. Savings may vary depending on individual factors. Please contact Noohi Law for a free consultation if you suffered a personal injury. Our team of experienced lawyers will provide you free legal advice and will assist you with your potential claim. We will ensure the disclosure of all relevant facts and evidence to obtain the benefits you are reasonably entitled to, so that you can focus on your recovery. Contact us at (416) 907-7364 or send us an email with your inquiry at info@noohilaw.com
Occupiers Liability
by admin 16 Jul, 2020
Occupiers Liability An occupiers’ liability claim in Ontario is filed against a property owner or occupier who was somehow negligent in preventing injuries on his or her property. Such claims commonly arise from incidents such as a slip-and-fall on icy stairs, or a trip-and-fall on uneven ground or pot hole. A successful claim may result in compensation that addresses pain and suffering, medical costs and missed income. The Occupiers’ Liability Act: Ontario’s Occupiers Liability Act was established in 1990 and serves as the basis of all occupiers’ liability claims in the province. The Act outlines such crucial aspects as: Who may be considered an occupier for the purposes of liability (this would be the defendant in an occupiers’ liability claim); The definition of a premises; A definition of an occupier’s duty to maintain a reasonably safe premises; Exceptions to an occupier’s liability (such as in the case of trespassing or an injury that occurs during the pursuit of a criminal activity); How special contracts may or may not affect liability; and, A landlord’s obligation as an occupier. The Act also calls for occupiers to take steps to inform the public of potential dangers in cases where the occupier otherwise enjoys exemptions to the duty of care. Common Hazards that May Lead to an Accident/Injur Claim: Accidents of such nature may occur on: Stairs Private parking lots Ramps Sidewalks Driveways Aisles Common hazards may include: Uncleared snow/ice Uneven surfaces, cracks in sdiewalks Poor lighting Improperly waxed floors, spilled fluids that have been left uncleaned Loose debris in a walkway Broken steps on stairways An occupier is legally obligated to take reasonable measures to discover and fix these hazards. Or, at the very least, they’re required to put a sign/notice, warning the public of such dangers. Who is liable in an occupiers’ liability claim? The occupier may be: A store owner A landlord Hotel owner/property manager Home owner Restaurant owner Grocery store manager If you have been injured and/or disabled as a result of serious slip-and-fall incident, it is important to have an experienced and diligent lawyer by your side, representing you. At Noohi Law, we pride ourselves on our exceptional client service, thorough knowledge of the law, and innovative solutions. Contact us today with your personal injury inquiries at 416-907-7364 ext 1 or at info@noohilaw.com .

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