Guide to Settlement Loans
Don't take risks with protected treatment accounts
May 18, 2018
No personal injury lawyer wants to give undertakings to protect a treatment account. Not surprisingly, no treatment provider wants to accept...
Chandi v. Atwell, 2013 BCSC 830
May 13, 2013
On May 15, 2013, the Supreme Court of British Columbia released its decision on the appeals in Chandi v. Atwell ("Chandi") and MacKenzie v. ...
Pastore v. Aviva Canada Inc., 2012 ONCA 642
September 27, 2012
On September 27, 2012, the Court of Appeal released its decision in Pastore v. Aviva Canada Inc. One of the issues before the Court concerne...
LeBlanc v. Doucet and the New Brunswick Power Corporation, 2012 NBCA 88
September 27, 2012
The decision is seminal to individuals considering obtaining litigation loans to help them advance their litigation or otherwise face settli...
Giuliani v. Region of Halton, 2011 ONSC 5119
August 31, 2011
On August 31, 2011, the Ontario Superior Court of Justice rejected the recovery of interest on a third party litigation loan financing the c...
Herbert v. The City of Brantford (2011 ONSC 4066) [CanLII]
June 28, 2011
The Ontario Superior Court costs decision in Herbert v. The City of Brantford established that interest charged by experts on their outstand...
Herbert v. The City of Brantford (2010 ONSC C04-12047) [CANLII]
November 23, 2010
This Ontario Superior Court decision held that interest charged by various experts on their accounts was recoverable as an assessable cost a...
Milne v. Clarke,  BCSC 317
March 19, 2010
The British Columbia Supreme Court provided wide discretion to allow counsel to recover the financing cost incurred for disbursements due to...
Bourgain v. Ouellette,  CANLII 27242
February 6, 2009
The New Brunswick Court of Queen's Bench held that interest charged on a disbursement loan was recoverable by the plaintiff where the fundin...
McCreight v. Curie, 2008 BCSC 1751
December 19, 2008
This decision was cited in Milne v. Clark (above) where the British Columbia Supreme Court allowed a plaintiff to recover the cost of financ...
Sorokin v. The Wawanesa Mutual Insurance Company, (2008} 92 O.R. (3D) 314
May 5, 2008
This decision by the Ontario Superior Court of Justice held that interest is a benefit and not a penalty under the Statutory Accident Benefi...
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