A - Harris Flashcards
HARRIS
4 key reforms having taken (should be taking) place in US given that US system is the most expensive in the world
1) cap on non-pecuniary damages
2) cap on punitive damages
3) reform on J-S liability
4) revisit collateral source rule
HARRIS
5 areas ready for tort reform, according to IBC
1) J-S Liability
2) Collateral Source rule
3) Vicarious Liability
4) use net income as basis for determining damages
5) Outdated statutory language
HARRIS
Opinion of trial lawyers in Canada about J-S liability?
They believe it should not be reformed, as J-S liability ensures that claimant gets full compensation.
HARRIS
Define
Vicarious Liability
Liability of superiors for the acts of subordinates
HARRIS
2 main issues with vicarious liability today
1) sexual abuse
2) car leasing or renting
HARRIS
Opinion of lawyers on caps on non-economic damages and or punitive damages.
If there is a cap, the innocent victim does not get full compensation and we abandon years of jurisprudence
HARRIS
point of view of IBC on the J-S Liability reform
Unfair for a defendant who is found 1% liable to potentially have to pay 100% of the loss.
HARRIS
point of view of RIMS (Risk and Insurance Management Society) on J-S Liability Reform
support elimination of J-S Liability FOR ALL non-economic damages (pain and suffering, punitive damages)
- would discourage plaintiffs from approaching defendants on the “deep pocket” syndrome
- They prefer PROPORTIONAL LIABILITY.
HARRIS
point of view of OMEX (Ontario Municipal Insurance Exchange) on J-S Liability Reform
- J-S is a big issue for them, as they represent cities and they are the deep pocket.
- Tendency towards “plaintiff-friendly” rulings makes some insurance groups want to stay away from court.
HARRIS
point of view of Ontario Trial Lawyers Association on J-S Liability
- JS increases efficiency by promoting settlements
- Lawyers don’t want to go to trial when they think they are going to get one point on liability, as it is too risky.
- If there was proportionality, there would be more trials, so more expensive and slow down the system.
HARRIS
point of view of OSBIE (Ontario School Board Insurance Exchange) on J-S Liability
Trial Lawyers play J-S to the extreme, not only at trial, but also in negotiation
HARRIS
2 ways J-S Liability could be changed
1) create a fund similar to PACICC
2) amend to be proportionate (if you are 1% liable, you pay 1%)
HARRIS
point of view of INSURERS on damages for loss of income
- Loss of income currently determined on Gross Earnings, so plaintiffs can collect more than they would receive if they were working
- With collateral source, plaintiffs may have double recovery.
HARRIS
point of view of Ontario Trial Lawyers Association on damages for loss of income
Govt has granted the victim’s right to full compensation by not taxing future income, it is not business of insurer
HARRIS
Principal reason behind the increase in claims (in the commercial liability market)
cost of settling courts cases and potential ones, which increased significantly
