Jeremy Solomon LLM.

Barrister at Law
Professional Corporation

Certified as a Specialist in civil Litigation
By the law society of Upper Canada

I represent people who are injured by the negligence of others. This includes victims of accidents, defective products, and professional negligence. I have been practicing insurance and injury litigation for over 22 years. I started my career representing insurance companies. For the last 10 years my practice has been solely focused on helping seriously injured people. In addition to representing my own clients, I am often hired by other lawyers to settle their personal injury cases or take them to trial. I am certified by the Law Society of Upper Canada as a Specialist in Civil Litigation and I have a Masters of Law Degree in civil litigation. My office is in Thornhill, Ontario and I practice throughout the province.

My approach to the practice of law is to always listen carefully to my clients so I understand their needs and wishes. I do not delegate work to other lawyers or staff. I make it a priority to understand my clients, their family and their way of life. This enables me to truly understand how much their lives are affected by those who have harmed them, and to achieve the best results possible.  I settle most of my cases, but there are times when a trial is necessary. I have conducted many trials and this experience enables me to achieve the best result possible for my clients. I believe the way I practice law puts me in the best position to advise and advocate for my clients. If these are the qualities that are important to you, please contact me.

THE LITIGATION PROCESS

Conducting a lawsuit is much more complex and lengthy than people think. Every client is unique and has circumstances that are special to them. In other words, no two cases are the same and the process must proceed in a way that reflects the individuality of each client.

As the injured victim, you are the “Plaintiff”. The Plaintiff, in most cases, has the obligation of proving that the “Defendant” caused the injury. The Plaintiff must also prove the extent of the injury and how much the injury has affected him or her. This is known as the onus of proof.

Satisfying the onus of proof involves many decisions and tactical considerations, such as whether or not any future trial ought to be judged by a jury, when certain steps should be taken, and which expert witnesses should be utilized. We will discuss the important steps to be taken with your particular case and I will present you with options and my recommendations.

Generally speaking, but not in every case, there is a two year time limit (known as a limitation period) to begin the legal proceeding by submitting to the court a legal document known as a Statement of Claim. This document sets out the nature of the lawsuit and what is being claimed from the Defendant.

The next steps in the proceeding include preparation of a list of all relevant documents in the possession of the Plaintiff (known as an Affidavit of Documents) and attending an Examination for Discovery. An Examination for Discovery involves the Defendant’s lawyer questioning the Plaintiff under oath in order to gather relevant information about how the injuries occurred and how the injuries affect the Plaintiff. I spend a lot of time preparing my clients for their Examination for Discovery, in order to help them feel comfortable with the process and to avoid unpleasant surprises.

Usually following the Examination for Discovery numerous documents are obtained and updated, such as medical records, employment and income records. More expert witnesses may become involved. Often the Defendant’s lawyer arranges for the Plaintiff to be examined by one or more medical experts.

When both sides of the litigation have done everything necessary to prepare their case, the parties and/or their lawyers meet to discuss settlement. These meetings can be informal conversations between the lawyers or more formal settlement conferences, which include the direct participation of the Plaintiff and Defendant. Whatever form the settlement discussions take, I first meet with my clients and discuss their expectations and my recommendations. I do not make or accept an offer to settle without prior written instructions from my client. This ensures my client is aware of the settlement discussions and agrees with all offers I present.

Some cases are not resolved through settlement conferences. When this happens, the court is asked to schedule a trial date. Trials are the final step in the litigation, and only take place when the Plaintiff and Defendant do not reach a settlement. The court attempts to help the Plaintiff and Defendant settle the dispute by conducting a Pre-Trial Conference. This is a meeting where the lawyers, and sometimes the Plaintiff and Defendant, meet with a judge to discuss the case and explore settlement. The judge does not force either side to settle but often expresses his or her opinion.

If the case proceeds to trial, the Plaintiff and his or her witnesses testify first. I begin the questioning (known as Examination in Chief) followed by questions asked by the Defendant’s lawyer (known as Cross Examination). When the Plaintiff and his or her witnesses finish testifying, the Defendant and his or her witnesses testify in the same manner, except that the Defendant’s lawyer conducts the Examinations in Chief and I Cross Examine the witnesses. I devote a great deal of time preparing my clients and witnesses for trial.

Although the length of time that a case remains in litigation varies, it is common for many cases to continue for a period of three to five years from the date the lawsuit is started.