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Tuesday, July 18, 2017

 
 
 

 
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Posts Tagged ‘law firm’

Peter Cho Named Outstanding New Lawyer by OTLA

Peter Cho

Smitiuch Injury Law’s very own Peter Cho has been named as the recipient of the Martin Wunder, Q.C. – Outstanding New Lawyer Award for 2016 by the Ontario Trial Lawyers Association (OTLA).

The Martin Wunder, Q.C. – Outstanding New Lawyer Award is awarded to an OTLA member in recognition of exceptional commitment to and promotion of the advancement of OTLA’s Mission:  To fearlessly champion through the pursuit of the highest standards of advocacy the cause of those who have suffered injury or injustice. 

The award will be presented to Peter on May 25, 2016.

Dockets Not Necessarily Required for Costs

A recent judicial decision determined that a law firm’s dockets are not normally required to be produced in order for a court to fix costs under the Rules of Civil Procedure.

In Bhatt v William Beasley Enterprises Limited [2015 ONSC 4941 (CanLII)], Justice Faieta stated that the mere size of the amount of costs being claimed is not a sufficient reason to require a party to undertake the expense of preparing and vetting their dockets.

Peter Cho and Luke Hamer, both of Smitiuch Injury Law, represented the Bhatt family in this matter.

The decision can be read in its entirety by clicking on the link below.

http://www.canlii.org/en/on/onsc/doc/2015/2015onsc4941/2015onsc4941.html

Job Posting – Accident Benefits Clerk

Smitiuch Injury Law continues to grow and we are currently looking for an Accident Benefits Clerk for our Accident Benefits Department.

Job Description:

  • Complete OCF forms per the SABS requirements
  • Prepare documentation for FSCO such as Application for Mediation and Application for Arbitration
  • Request medical records from hospital and other medical providers
  • Schedule client appointments such as medical examinations
  • Communicate regularly with insurance adjusters to ensure clients receive the benefits they are entitled to under the SABS and that they are received in a timely manner
  • Communicate regularly with clients to provide updates on the status of benefits and answer queries that they may have

The successful candidate must possess the following qualifications:

  • Licensed LSUC Paralegal designation
  • Law Clerk Diploma or Institute of Law Clerks of Ontario Certificate
  • Previous experience in accident benefits and working knowledge of the SABS and FSCO procedures are definite assets
  • Experience with Time Matters, PCLaw, Primafact and MS Office are definite assets
  • Ability to manage multiple priorities and multiple files in a fast paced environment
  • Excellent written and interpersonal skills
  • Excellent attention to detail
  • Ability to work independently and as part of a team

Qualified applicants are invited to apply via email to: [email protected]

Please note that only selected candidates will be contacted.

Smitiuch Injury Law now in London, Ontario

Michael Smitiuch, Principal Lawyer at Smitiuch Injury Law Professional Corporation, is pleased to announce the opening of our office in London, Ontario.  This is in addition to our offices in Toronto and Brantford.

Our London office is located at 380 Wellington Street, Tower B, 6th Floor, London, Ontario  N6A 5B5.  Our London telephone number is 519-964-2747.

Firm Expansion!

Smitiuch Injury Law is very pleased to announce that Mr. Luke Hamer has joined the firm as an Associate Lawyer.  After articling with the firm for 10 months, Luke was Called to the Bar on January 25, 2013.  He obtained his Juris Doctor law degree (J.D.) from Bond University in Queensland, Australia.

Prior to attending law school Luke studied at the University of Toronto where he graduated with an Honours Bachelor of Science, majoring in Anthropology and English.

Luke will be serving clients in the Toronto, Brantford and surrounding communities.  His addition to the firm enhances Smitiuch Injury Law’s commitment to providing excellent customer service.

You can contact Luke Hamer at [email protected], or call 416-621-1551, extension 211.

Michael Smitiuch Quoted Again in the Financial Post

Smitiuch Injury Law’s Principal, Michael Smitiuch, has been quoted again by the Financial Post in an article regarding misrepresentation on insurance policies.

You can read the Financial Post article by clicking here.

Smitiuch Injury Law Wins FSCO Decision: Swerving on a Bicycle to Avoid Vehicle is an “Accident”

Smitiuch Injury Law recently won an arbitration decision, DiMarco and Chubb Insurance Company, at the Financial Services Commission of Ontario (FSCO) regarding what is deemed to be an “accident”.

Marilena DiMarco was riding her bicycle on a training ride for a charitable event when she and her group went through a town that was having a street festival.  Because the street was closed the group rode their bicycles on the sidewalk.  A van was parked half-way on the sidewalk.  When Ms. DiMarco swerved to avoid the van, she lost her balance and fell, hitting the van with her hand in the process.  Chubb Insurance refused to accept the incident as a “motor vehicle accident” as defined in The Insurance Act and Statutory Accident Benefits Schedule (SABS) and refused to pay for badly-needed treatment and other accident benefits.

Arbitrator Deborah Pressman stated the following:

In this case, Ms. DiMarco was compelled to manoeuvre on the sidewalk around a vehicle that was parked in her way.  This automobile set in motion a chain of events directly resulting in Ms. DiMarco’s fall from the bicycle.  There was no intervening act that caused Ms. DiMarco to fall.  There were no other impediments around the automobile or near Ms. DiMarco.  Therefore, there was a direct and proximate cause between the “use or operation” of the automobile and Ms. DiMarco’s injuries.

Peter Cho, an associate lawyer at Smitiuch Injury Law Professional Corporation, represented Ms. DiMarco at the arbitration hearing.  He was assisted by Chris Jackson, Accident Benefits Manager.

The decision can be read by clicking on the attached.  DiMarco and Chubb Insurance Company of Canada FSCO Decision A10-003967

Federal Government Falls

What does the fall of the Federal government today mean to small businesses such as a law firm?

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