2 total
Tribunal breached procedural fairness by admitting expert reports without facilitating cross-examination of the author.
The applicant appealed a Licence Appeal Tribunal decision finding she was not catastrophically impaired following a motor vehicle accident.
At the hearing, the Tribunal admitted the respondent insurer's expert psychiatric reports but refused to issue a summons to compel the expert's attendance for cross-examination due to non-compliance with procedural rules.
The Divisional Court allowed the appeal, holding that the Tribunal's strict application of its rules and refusal to facilitate the cross-examination of a key expert witness on a critical issue breached the applicant's right to procedural fairness.
The matter was remitted to the Tribunal for a new hearing.
Contingency fee retainers declared void for non-compliance with regulations; assessment of solicitor's account ordered.
The applicant sought a declaration that two contingency fee retainer agreements signed with the respondent law firm were non-compliant with the Solicitors Act and Regulation 195/04.
The court found numerous significant deficiencies in the retainers, including the failure to state that the client retains the right to make critical decisions and the failure to provide an example of how the fee is calculated.
Exercising its inherent jurisdiction, the court declared the retainer agreements void and directed an assessment of the respondent's account.
Costs of $15,000 were awarded to the applicant.
