An Open Email dated June 12, 2020, from Personal Injury Lawyer, Marc Spivak, to our Attorney General Regarding Suspending Juries in Civil Law Cases Posted onJune 12, 2020September 29, 2020/ Marc G. Spivak To the Honorable Doug Downey Attorney General of Ontario I am a personal injury lawyer and have been for 28 years. The first 9 years of my practice I acted for insurance companies on the defence of insurance matters. I can tell you firsthand the almost complete unfairness of the archaic jury system that we have. A system that not only creates a complete advantage for insurance companies, but it also puts every injured victim in the unfair position of essentially overcoming an inherent misunderstanding of jurors why they are being forced in a courtroom leaving their jobs and family without pay for often 2-8 weeks. A system that prevents lawyers from educating the jurors about the involvement of an insurer; of the real discounted losses that the victim is faced with in car accident cases; and of the costs to the victim of being forced to prove a claim dragged on by insurers for sometimes 5-6 years. Every insurer files a jury notice in almost every personal injury matter for a reason. It is negligent for a lawyer or an insurer not to deliver a jury notice. There is no reason for our government to provide insurers with an unfair advantage that has resulted over the last 10 years in massive delay in being able to get to a civil trial. To have to wait 2-3 years to get to a 15-20 day trial date that may or may not go ahead as scheduled is barbaric for victims. Trial by judge alone is at least 50-60% faster and more efficient. Given the COVID risks, it is impossible for the foreseeable future to force our citizens to face the real health risks of sitting on a jury. It would be completely unfair in the circumstances to further delay the civil trial list by keeping juries as part of our civil trial system on personal injury matters (with the possible exception of med mal and sex assault cases). In temporarily removing juries we can free up limited judicial resources and get rid of the delay in getting to a civil trial (which would speed up the ability to get criminal cases dealt with in a timely manner), all at less cost to taxpayers. My suggestion is to temporarily suspend juries in the civil system (with the exception of med mal and sex assault cases) and make our justice system run more smoothly at less cost. I look forward to your decision. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” Authors Marc G. Spivak 416-446-5855 416-446-5855 marc.spivak@devrylaw.ca Related Posts Posted onNovember 27, 2020December 17, 2020/ Stephanie Turnham and Kathrin Gardhouse Failure To Close An Agreement Of Purchase And Sale In The Context Of COVID-19 The COVID-19 pandemic has lead to noticeable changes in the real estate market in the GTA as well as to a general recession, according to Statistics Canada. While detached houses and living space in the suburbs in general increased in value, smaller living spaces such as condominiums are in very low demand. Purchasers who entered [...] Read more Posted onSeptember 17, 2020January 12, 2021/ Katelyn Bell and Kathrin Gardhouse Back To School Amid Covid-19? The Ontario Superior Court of Justice (ONSC) has recently, and in numerous instances, been called upon to decide the question as to whether children should be sent back to school amid the current Covid-19 pandemic. According to the Guide to reopening Ontario’s schools issued by the Ministry of Education, parents can choose between online schooling [...] Read more Posted onSeptember 15, 2020September 29, 2020/ Marty Rabinovitch and Kathrin Gardhouse Temporary Layoffs During COVID-19 – “COVID-19 period” extended until January 2, 2021 On May 29, 2020, Ontario passed Regulation 228/20 under the Employment Standards Act (“ESA”). As a result of this new regulation, non-unionized workers who had their hours reduced or eliminated due to COVID-19 are deemed retroactively to be on Infectious Disease Emergency Leave, which is an unpaid, job-protected leave under the ESA. The regulation applies retroactively from March 1, 2020, and initially [...] Read more Posted onJune 15, 2020September 29, 2020/ Miriam Tepperman An Open Email Dated June 15, 2020, From Insurance Defence Lawyer, Miriam Tepperman, To Our Attorney General Regarding the Importance of Jury Trials I am a proud insurance defence lawyer. I am proud of my role in the justice system that helps people get back on their feet after an injury while keeping the system honest. Both aspects are needed. The system is set up that for those that are injured and not so injured have to focus [...] Read more Posted onJune 9, 2020September 29, 2020/ Maya Krishnaratne Reduced Travel Restrictions for Relatives of Canadians and PRs Recently, the government announced that “immediate family members” of Canadians and Canadian permanent residents will be exempt from the prohibition on entry to Canada if they are coming to be with their Canadian or PR family member for at least 15 days. This will hopefully serve to reduce the uncertainty many have faced since measures under the [...] Read more