Threats to access to justice framework 'motivating' as firm remains steadfast in its advocacy
This article was produced in partnership with Bogoroch & Associates
As an articling student, Yoni Silberman came aboard a full-service firm where she was assigned to work within the personal injury group. The relationships she built with clients and the satisfaction that comes from being a key contributor to helping someone in need, was something she found both motivating and fulfilling. That penchant for personal injury stayed with her and upon completing her articles, joining the team at Bogoroch & Associates LLP was her ideal career progression.
“Joining Bogoroch & Associates LLP was an easy decision knowing its reputation in the field,” says Silberman, now a partner the firm. Her experience meeting people of all walks of life, from all parts of the world, and listening to their stories and struggles, knowing they came to the firm in their time of need, provides continued motivation to be as fierce an advocate as she can.
“As a career, it is very fulfilling getting to know the clients, building a case based on their individual needs and circumstances, and at the end of the day, becoming someone they’ll remember as having helped them access the resources they needed to move on from very challenging circumstances, and carry on their lives with dignity.”
Proposed auto-insurance reforms impede access to justice
The Ontario government in March tabled its 2024 budget, where auto-insurance reforms aimed at reducing drivers’ premiums factored prominently. The government touts a wider variety of more affordable options for drivers, improved access to benefits, and the creation of a more "modern" auto insurance system. For those representing people who have been injured in motor vehicle accidents, this equates to another claw-back of much-needed support whether it’s income replacement, medical rehabilitation benefits, or nursing services.
“Over the years, changes to the auto insurance regime has often been presented as an effort to bring down premiums,” Silberman says. “But despite scaling back on the amount and type of benefits available, premiums are not going down, and at the end of the day, injured parties have far less resources accessible to them during a time of need.”
The most concerning issue for Silberman is that the proposed changes attempt to create an opt-out method — but when consumers purchase policies, most are looking for the lowest quote and not necessarily scrutinizing the fine print of the policy. If consumers are not aware of what they are giving up, they may find themselves surprised and extremely limited in the event of a recoverable loss without what is needed to sustain themselves, whether it is income replacement or treatment to get back on their feet.
Bogoroch & Associates approach to litigation steadfast
But regardless of any changes on the horizon, Bogoroch & Associates’ approach to litigation remains unchanged.
“What distinguishes us is the fact that we move our cases quickly — we don’t wait for statutory limitations to come for us to take action and issue a lawsuit,” Silberman says. “Where the injured person is dependent on accident benefits, and those benefits are deficient to meet their needs, we act decisively to start the civil lawsuit to ensure that whatever compensation they are entitled to is recovered through either settlement or judgment as soon as possible.”
Court delays hinder that process as well, but the solution is the same: the best way to counteract that backlog is to get the case moving quickly and to make sure the parties are held accountable to a timetable that ensures the most streamlined and expedient progression to a court date.
Ultimately, Silberman and the rest of the team at Bogoroch & Associates believe deeply in everyone’s right to access to justice and any change to the framework that impedes upon it only fuels that conviction further. It’s motivation to fight even harder for clients, and despite years of experiencing a steady scaling back process, “I still have hope, and we can help,” Silberman says. She notes that the civil justice system, though not perfect, does provide a clear path, and through the litigation process, whether the matter settles out of court or at trial, “we are able to maintain the integrity of that fundamental principle.”
“I believe our system can serve people. It may not look as it once did, but so long as you’re a lawyer who is prepared to evolve and consider new strategies to litigation, there’s still integrity and justice in the system.”
