Representation Free Representation Paid Representation(current) Self-representation

Paid Representation

Knowledge and Information
for Injured Workers, by Injured Workers



Injured workers have a right to be represented, at the WCB/WSIB/WorkSafe and the WCAT/WSIAT,
but we do not (YET) have a right to be compensated for our legal costs!



To help people fight their respective WCB/WSIB/WorkSafe, I have setup this page to provide a list of ,
paid representatives Lawyers, Paralegals, and Agents in each province and Territory who will represent injured workers.


Lawyer??? Paralegal??? Agent???
Which one should you use to help you with your workers compensation matter?


Lawyers

In each Province/Territory, lawyers are licensed by the Provincial/Territorial Law Society. For an individual to become a licensed lawyer, an individual must have:
  • Obtained a University Degree;
  • Attended, and graduated from a law school,
  • Performed a required internship, and
  • Passed the Law Society’s licensing exam, also known as the bar exam.

    Lawyers, once licensed, can practice in any area of law, including administrative law. Administrative law is the area of law where workers compensation matters are dealt with, for the most part. The exception is when an injured worker has a matter that needs to be address by the courts.

  • Right of Actions
    This is where an injured worker can sue for their work injuries. This is common with a type of designated employer, in matters where an employer does not pay into workers compensation. It is also common in moto vehicle accidents.

  • Civil Suits Against WCBs/WCATs
    This is when the WCB and/or WCAT action and/or inaction has caused harm to a person.
    Know that the courts across Canada vary in the understanding of a person’s right to sue a WCB and/or WCAT. Additionally, there is an unwritten practice that an individual first must win their claim for workers compensation before attempting to sue for damages.
    Also know that the WCB and WCAT staff have immunity from being sued, so long as their conduct was done in good faith. There are similar provisions for WCB doctors where it must be proven the doctor acted maliciously.


  • Judicial Review Applications/Appeals
    This is when an individual has an issue with a board and/or tribunal decision action/inaction and may go to the court and ask for assistance. The right of appeal form a tribunal is only limited to one or two provinces in Canada the remainder must do an application for judicial review.
    Lawyers Fees Hourly

    Lawyer’s fees can be quite high, ranging from $300 per hour to $3,000 per hour billing rate. Often times Layers will require an upfront retainer, or deposit. This is before any work is done. This is to ensure they are paid, regardless of if they win or lose your case. In most cases lawyers generally require a retainer of $10,000.

    Lawyers Fees Contingency Fee Basis

    In some cases lawyers will take on cases on a contingency basis. This is commonly known as “you don’t pay us if we don’t win!”. The Lawyer does not require any or may require some monies up front. Then if you win your case, they take a percentage of your monies awarded to you. In Ontario, the Law Society has very strict rules regarding contingency agreements and have created a helpful guide for people to understand contingency fee arrangements. The Law Society of Ontario's Guide is entitled Law Society’s

    Contingency fees: What you need to Know.


    Paralegals

    A Paralegal is someone who only in the case of Ontario is licensed by the Law Society. In all other Provinces/Territories they are not an official designation. Paralegals are limited to practice law in certain areas of law.

  • Small Claims Court,
    Civil disputes up to a certain amount.

  • Criminal Court
    matters where an individuals may face incarceration up to six months in jail

  • Provincial Offences, and
    Matters which are like criminal but there is no jail time. For example, Highway Traffic Act offences.

  • Administrative Justice
    Matters such as workers compensation matters, but not any matters before the courts.


  • For an individual to become a licensed Paralegal, in Ontario, an individual must have:
  • Obtained a college diploma in Paralegal Studies;

  • Performed a required internship, and

  • Passed the Law Society’s licensing exam, also known as the bar exam. This only applies to Ontario as no other province licenses Paralegals.


  • Like Lawyers, Paralegals can charge an hourly fee or a contingency based fee. In Ontario Paralegals are regulated by the Law Society of Ontario for Contingency fee, the same as lawyers in Ontario.

    In a study conducted by a law Professor at the University of Windsor Law School, in reviewing the outcome of decisions of lawyers compared to paralegals, the study found that paralegals were 60% more successful before Ontario’s Workplace Safety & Insurance Appeals Tribunal. Meaning, you may have an expensive lawyer, but a paralegal maybe just as good, if not better!

    Agents
    In Ontario an agent is one who is not licensed and is either a friend or family member of the person they are representing. They can not charge a fee to represent the individuals. The exception is a union or Office of the Worker Advisor and some injured worker groups.

    In all Provinces, but Ontario, agents are NOT licensed or regulated by the Provincial Law Society. They can represent individuals in matters of administrative justice, such as workers compensation matters.

    How to Check if your Representative is Any Good
    One way to check to see if your lawyer, paralegal or agent is any good is to check the cases they have done. Most all cases are documented in the free legal database in Canada. Canadian Legal Information Institute or CanLII.

    CanLII’s website is https://www.canlii.org/en/

    CanLII’s legal database provides information on court cases, including tribunal and board cases for each province and territory. For example, if the name of the lawyer you are interested in was say Gary Newhouse and this lawyer practices in Ontario. Then
  • Go to https://www.canlii.org/en/,

  • Go to Ontario

  • Scroll down to the Workplace Safety and Insurance Appeal Tribunal

  • In the Document text box type “Gary Newhouse

  • Click search


  • You will then see about 70 cases Mr. Newhouse has represented.

    Click here to see my search so you can see for yourself.

    You can read the various cases Mr. Newhouse has represented people in and make your own determination whether you wish to hire him as a representative. That is if you can afford his fees!

    You also need to know this is only an estimate measure of a representative. Often times you lose because the facts and evidence just are not on your side. Also, in many cases and sadly, the tribunal decision makers can be biased. This is why we need massive reform which is another topic.

    I caution you when you do find a lawyer, paralegal, or agent that will work on contingency, to really understand what it means if they win. To take your time, before signing the agreement. If you are unsure speak to another layer or paralegal for advice.


    As always if you know a lawyer, paralegal, or agent who represents injured workers
    by all means please send me their contact information and I will add them to this list. You can e-mail here fightwcb@gmail.com


    British Columbia
    Alberta
    Saskatchewan
    Manitoba
    Ontario
    Quebec
    New Brunswick
    Prince Edward Island
    Nova Scotia
    Newfoundland and Labrador
    Yukon Territory
    Northwest Territory
    Nunavik Territory



    British Columbia



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    Alberta

    J. Royal Nickerson, Q.C.
    Tel: 780.428.0041
    Fax: 780.425.0272
    E-mail:rnickerson@nrhmlaw.com
    Web: http://www.nrhmlaw.com/j.-royal-nickerson--q.c..html
    This was the lawyer that represented the injured worker in the case that sucessfully sued the Alberta WCB in the case of Shuchuk v. Wolfert & Alberta WCB.

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    Saskatchewan



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    Manitoba



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    Ontario

    As I mentioned above, the Law Society of Ontario licenses Lawyers and Paralegals in the Province of Ontario. Here is the link to the Law Society of Ontario website. There you can check the name and contact of a Lawyer or Paralegal and also use their free referral service.
    https://lso.ca/public-resources/finding-a-lawyer-or-paralegal


    In addition to the Law Society Referral and Directory I have made a list of Lawyers and Paralegals I have heard of that represent injured workers.
    I make no indication or recommendation to any. I am only providing a list for your convenience.


    Paul Taylor

    Licensed Paralegal, by Law Society of Ontario
    80 Palmer Road
    Hamilton, Ontario L8T 3E9
    Tel:905-537-0108
    Fax:226-216-0126
    Website:www.paulsparalegal.ca
    E-mail:paul@paulsparalegal.ca
    I am the creator of the www.FightWCB.org website. I am also a strong outspoken Injured Worker Advocate. I have also been an injured worker for more than 25 years. So I know the hell injured workers go through!

    Michelle Marie Lomazzo

    Licensed Paralegal, by Law Society of Ontario
    6-2557 Dougall Ave, Suite 515
    Windsor, Ontario N8X 1T5
    Tel:519-971-7777
    Fax:519-970-9844
    Website:www.lomazzoappeals.com
    E-mail:michelle@lomazzoappeals.com

    Michelle Zare

    Licensed Paralegal, by Law Society of Ontario
    730-120 King St W
    Hamilton, Ontario N8X 1T5
    Tel:905-544-9273
    Fax:905-544-9275
    Website:www.zareparalegal.ca
    E-mail:mzare@zareparalegal.ca

    Gary Newhouse

    Licensed Lawyer, by Law Society of Ontario
    1415 Bathurst St, Ste 103
    Toronto, Ontario M5R 3H8
    Tel:416-538-2737
    Fax:416-538-1969
    Website:http://www.workerscomplaw.ca
    E-mail:

    Richard Fink

    Licensed Lawyer, by Law Society of Ontario
    466 Dupont St
    Toronto, Ontario M5R 1W6
    Tel:416-537-0108
    Fax:416-537-1604
    Website:http://www.workerscomplawyers.ca
    E-mail:

    D&R Disability Legal Services

    Licensed Paralegal, by Law Society of Ontario
    3621 Highway 7 East, Ste: 301
    Markham, ON L3R 0G6
    Tel:647-735-5163
    Fax:416-298-3514
    Website:www.drdisability.ca
    E-mail:info@drdisability.ca

    Toronto Paralegal Services

    Licensed Paralegal, by Law Society of Ontario
    2 Triburnham Place
    Toronto, Ontario M9C 3P4
    Tel:416-835-7411
    Fax:
    Website:paralegalservices.legal
    E-mail:info@paralegalservices.legal


    As Always if you know of a lawyer or Paralegal in Ontario that represents Injured workers send me an e-mail to fightwcb@gmail.com and I will add their contact here.

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    Quebec



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    New Brunswick



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    Prince Edward Island



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    Nova Scotia



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    Newfoundland and Labrador



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    Yukon Territory



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    Northwest Territory



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    Nunavik Territory



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