THE LAWYERS WEEKLY
September 17, 2010 | 25
The providers of a new after-the-event insurance product are
confident it will give plaintiffs
the confidence and peace of mind
to refuse early and inadequate
settlements and fully pursue
Pierre Gregoire, president of
Waterloo, Ont.-based Lexinsure
Inc., says its OCI (opponent’s
costs indemnity) offering is
geared primarily towards people
involved in a lawsuit who don’t
want to take the risk of having to
pay the defendant’s costs. He says
such an order could impose a significant burden on plaintiffs, who
may have already paid large sums
in expert witness and legal fees.
“The legal system is a very
expensive system, any lawyer will
tell you that,” Gregoire says.
“OCI is another strategic risk
management tool for plaintiffs. If
the case isn’t meritorious, we
aren’t going to underwrite it.
[OCI] gives a chance for those
with a good case to move forward
He says plaintiffs fundamen-
tally take three gambles in a law-
suit: whether they will win or
lose; the cost of funding the law-
suit; and if they lose, that they
may have to pay significant court
costs to the defendant.
“OCI addresses one aspect of
it. I have seen cases where costs
were enormous. It depends on
the cost award of the judge and
the type of case. Some cases take
a long time at trial and will have
a very high input of experts. That
drives up the court costs for both
sides. People try to control the
risks. Even large corporations
want to minimize their expos-
ure,” he says.
Gregoire says OCI would also
be attractive for out-of-province
claimants who have to file security for costs so if they lose the
case, the winning defendant
doesn’t have to travel out of their
home province to collect what’s
coming to them.
Kenning Marchant, chair of
the access to justice committee
for the Ontario Bar Association, says after-the-event insurance or financing is “fairly well
established” in the U.K., where
the legal system is similar to
“It’s really only for litigation
that is considered highly likely to
succeed and where the defendant
has deep pockets and therefore
will be able to pay. If this com-
See Insurance Page 26
Michael Lacy of Lacy Barristers
Joseph Wilkinson of Wilkinson & Associate
Are pleased to announce the merging
of their practices and the creation of:
Lacy Wilkinson LLP
144 King Street E.
They are also pleased to announce that:
Bradley Greenshields (formerly of Crown Law Criminal) &
Catherine Schaefer (their former articling student)
will be joining them as associates.
Lacy Wilkinson LLP will continue to serve clients in the area of
Criminal Law focusing on complex trials and appeals.
Visit us online
We are pleased to
announce the addition
of seven new Associates.
In our Toronto office:
Thomas W. Agnew
Hilary E. Jarvis
Erin M. Miller
Richelle M. Pollard
In our Ottawa office:
Cheryl A. Waram
In our Waterloo office:
Mike H. Hamilton
HUMAN RESOURCES LAW AND ADVOCACY
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