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Gluckstein Lawyers in the News


Often Gluckstein Lawyers speak on a variety of 'hot topics' in the news. In an effort to keep you informed, here are some of the recent features Gluckstein Lawyers have been highlighted in.

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ABS Report: Majority non-lawyer ownership off the table


September 28, 2015

The Law Times published an article called "ABS Report: Majority non-lawyer ownership off the table," which discussed recent debates surrounding the introduction of non lawyers owning law firms in Canada. This new business structure has been a very controversial topic in recent times. However, it appears this debate is currently off the table as it was announced in this article that a group who were hired to investigate and advise whether or not this business structure would work, concluded that it "should not be further examined at this time."

In this article, Charles Gluckstein of Gluckstein Personal Injury Laywers and former president of the Ontario Trial Lawyers Association, was asked to comment on this decision,

"We're very satisfied. We analyzed the ABS models in the U.K. and Australia and we found nothing supportive that would lead to improved access to justice. As we moved forward, we would certainly be open to the investigation of other models. Let's see what other jurisdictions may do in the future because while the ABS system doesn't seem to address everything it is supposed to do right now, it doesn't mean in the future there might not be other models that do."

Furthermore, Gluckstein expressed his concern for other personal injury lawyers, that a majority-share option for Ontario firms would most likely result in a heavy focus on profit and not access to legal services;

"We would argue at this point the main motivators for ABS, like access, better technology, are improved enough in the models being used already. We believe that these solutions are already among us. Firms are already innovating, and we've found nothing supportive so far that ABS furthers this cause."

Source: Etienne, Neil. "ABS report: Majority non-lawyer ownership off the table" Law Times. 28 September 2015:4


L A W   T I M E S

Focus: Ontario courts differ on prejudgement interest


October 19, 2015

This article explains how Personal Injury Lawyers are waiting for the the Ontario Court of Appeal to make a decision on the prejudgement interest rate. Since Ontario Courts have dropped this rate from the standing 5% to match the current lower bank rate. As stated in the article, "The issue stems from an amendment on January 1, 2015, that changed the amount of prejudgment interest for some cases. The question before the appeal court is whether it's retroactive."

The amendment was made to help match the actual loss of interest incurred due to delays in receiving the damages to the award of prejudgement interest, which tended to be significantly less than 5%, and intern helped lower insurance premiums.

Charles Gluckstein, of Gluckstein Personal Injury Lawyers was asked to comment in this article, as he specializes in catastrophic injury cases, he noted;

"Settled law has accepted that when something is procedural, it changes everything and goes back retroactively. But when it's substantive, it's only prospective unless the legislation backdates it."

Mr. Gluckstein added,

"I like the reasoning in El-Khodr. It goes through a much more thorough analysis. The other result is totally unjust by giving the insurance companies a windfall. But the law is in flux. Right now, there's no certainty how this is going to end up."

Furthermore, with respect to the legislative change, Mr. Gluckstein feels it is a terrible development and in respect to those who purchase insurance he was quoted explaining;

"It's another part of their rights being stripped away."


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R E F E R E N C E S    l

Since 1962, Gluckstein Lawyers have helped clients move forward with dignity, respect and trusted experience. Celebrated pioneers in personal injury, the firm is an award-winning industry leader in neuro-trauma (brain injury), spinal cord injury and serious orthopedic injuries.

1. http://www.lawtimesnews.com/201510194991/headline-news/ontario-courts-differ-on-prejudgement-interest

2. Etienne, Neil. "ABS report: Majority non-lawyer ownership off the table" Law Times. 28 September 2015: 4

L I N K S    l

1. Best Lawyers in Canada 2016

2. Charles Gluckstein weighs in on LSUC Vote & ABS Position

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