THE LAWYER’S DAILY – Private member’s bill looks to cap lawyers’ contingency fees

Bill 103 was introduced by Mike Colle, a Liberal MPP for Eglinton-Lawrence, that would cap lawyers’ referral fees at 15%. Darryl Singer of Singer Barristers Professional Corporation sees little chance of the proposed legislation passing. Very few private member’s bills make it to royal assent to become law. “And Patrick Brown [leader of the Progressive Conservative Party of Ontario] said he does not support it and I’m not sure all the [Ontario] Liberals support it,” he added.

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MY BUSINESS MAGAZINE – Darryl Singer the lawyer “In Your Corner”

Darryl is proud of the fact that for many years now, the majority of his referrals come from other lawyers, including some of whom who’d be deemed competitors, and even those who have litigated against him.

Moreover, he’s been called upon over the years to teach courses and seminars for a number of professional organizations including: the Law Society of Upper Canada, Canadian Bar Association, George Brown College, Paralegal Society of Ontario, and Ryerson University’s Law Practice Program.

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Paralegal Cup Mock Trials Showcase Student Skill, Competency

The Paralegal Cup showcases the skill and competency of paralegal students — and lawyers should take notice, says Toronto personal injury lawyer Darryl Singer.

The 2016 intercollegiate mooting competition on Nov. 19 and 20, 2016 is the only event of its kind in Ontario for paralegal students, providing an opportunity for teams to demonstrate their advocacy, research and writing skills.

“I firmly believe there’s a role for paralegals in our justice system and this competition makes it abundantly clear they are properly trained, hardworking and competent,” says Singer, principal of Singer Barristers Professional Corporation, who has participated on the judging panel every year since the event started in 2013.

“It also gives me hope for the future of the legal profession,” he says. “There’s an optimism about the Paralegal Cup that I just love.”

Mooting, a popular form of mock legal argumentation at law schools, involves two student teams identifying and addressing legal issues in a selected case. The teams present 10-minute oral submissions before a panel of judges.

Singer, who has developed a network with paralegals over the course of his career, says when he was asked to take part three years ago, he didn’t realize the quality of talent he would encounter.

“I was absolutely blown away by the quality of the students and the calibre of their arguments,” he tells AdvocateDaily.com.

Singer says there is a general perception among lawyers that paralegals have “second rate” advocacy skills, but the event proves that is not true.

“The vast majority of these students participating in the Paralegal Cup will be just as good as any lawyer,” he says.

This year, the event is being hosted by the Law Society of Upper Canada in conjunction with Humber College at Osgoode Hall, another signal of the growing synergies between lawyers and paralegals, Singer says.

“I would invite any lawyer to watch a couple of these sessions,” says Singer, who sees the event as an opportunity to scope out talent and offer internships that often turn into full-time jobs.

Doug Taylor, member of the 2016 Paralegal Cup steering committee, says the competition strengthens students’ advocacy and critical thinking skills.

“It gives them the opportunity to argue complex pieces of law in a learning environment, while interacting with senior mentors from the legal community,” Taylor tells AdvocateDaily.com. “The calibre of participating students is strong. Many put in long hours preparing for the event and capitalize on their chance to demonstrate their abilities in front of industry professionals.”

Paralegals are an integral part of Singer’s law firm, he says. Delegating work to paralegals is more cost-effective than hiring an associate lawyer, savings he can then pass on to his clients. For small claims court and other less-involved matters, it often makes greater business sense to have paralegals handling the case, he says.

From a broader perspective, Singer says a strong paralegal community opens access to justice for individuals and may prevent people from feeling as though their only option is self-representation.

“Paralegals can offer competent service in areas of law that are underserved by lawyers or too expensive for people to hire lawyers,” he says. “They provide that piece of the puzzle.”

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LAT Hearings Held in Writing 'Fundamental Denial of Justice'

Some of the first decisions from the Licence Appeal Tribunal (LAT) dealing with applications for accident benefits are reinforcing concerns that injured people aren’t getting fair access to justice under the new system, says Toronto personal injury lawyer Darryl Singer.

Recent decisions were rendered without oral hearings, a new option since the Ontario government shifted responsibilities from the Financial Services Commission of Ontario, says Singer, principle of Singer Barristers Professional Corporation.

“These people are not being given the opportunity to come before the tribunal and have their credibility assessed, have their doctors testify and have their lawyers cross-examine the insurance company’s doctors,” Singer tells AdvocateDaily.com. “Instead, it’s all done in writing.

“There’s a fundamental denial of natural justice.”

In K.P. v Aviva Canada Inc., 2016 CanLII 60727 (ON LAT), the tribunal’s vice-chairman found that the applicant suffered predominantly minor injuries and was therefore not entitled to payment for the balance of a physiotherapy treatment plan.

The applicant disclosed a number of conditions and symptoms, including tendonitis, whiplash, neck, back and hip pain.

“While the above list is extensive, the difficulty faced by me is that there is no medical evidence that either ties any specific condition to the accident, or that indicates that any specific condition or symptom is anything more than a soft tissue injury or a condition arising out of a normal lifestyle that arose independent of the accident,” the vice-chairman wrote.

In 16-000080 v RBC General Insurance Company, 2016 CanLII 67138 (ON LAT), the tribunal found after a hearing in writing that the applicant was not entitled to the full treatment plan as outlined by an occupational therapist.

The insurance company argued the disputed items were actually “housekeeping and home maintenance expenses ‘dressed up’ as rehabilitation expenses,” according to the decision. In the end, the adjudicator ruled that some of the expenses should be paid for — including the installation of a handrail — while others, including a bathroom fan repair, should not.

Singer says both cases would likely have completely different outcomes if in-person hearings were held.

“We don’t know what would have happened to these people if oral hearings were held,” he says. “Perhaps they would have been successful, but we’ll never know because they weren’t given the opportunity.”

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