STANDING APART

ERYOU Barristers’ fees are based upon hourly rates that reflect the experience and expertise of our team members. It is our practice to bill for work on our files solely on the basis of actual hours spent at our agreed upon rates.

Each fee account identifies, on a line by line format, the team member, their activity, hours expended and their hourly rate.   Budgets and Litigation Plans are also developed on each file as requested by the client in order to provide a solid strategy for resolving each legal issue.

David W. Eryou and Colleen S. Laughton

In 1990, Eryou and Laughton laid the foundation for the firm which presently exists. Focusing on developing an exclusive practice, they specialized in liability and fault analysis, insurance coverage analysis – general, hospital, municipal, professional and construction liability – litigation risk analysis, and assessment, screening and weighing of scientific evidence. Eryou and Laughton in 1995, co-authored the extensive analysis in Current Issues in Municipal Risk Management: Statutory Reform of the Tort Liability Exposure of Ontario Municipalities. Prepared for Thunder Bay’s City Manager and the Thunder Bay Risk Management Committee, the report was then distributed across Ontario in a successful bid to amend the Municipal Act in 1996, reshaping the law of nuisance as it applied to municipal sewer and water claims, and saving the municipal insurance industry millions of dollars.

After a successful and rewarding career, David and Collen retired in May of 2007 in order to enjoy their beautiful country home and acreage. But their vision continues to be fostered in the firm which they formed and still inspire.

Stephen J. Wojciechowski, Eugene E. Prpic, Kathleen M. Kreps, Tracey M. Slater and Jennifer D. LeBlanc

Stephen, Gene, Kate, Tracey and Jennifer comprise the ERYOU Barristers litigation team. Combined, these members bring over seventy years of experience and legal expertise to resolving each file. Following the footsteps of David and Colleen, ERYOU Barristers develops a sound litigation strategy to meet specific client needs, for short term goals and long range plans. While the short term goal of success at Trial is significant, we are constantly mindful of the long range effects of adopting particular strategies. Balance is critical: we work with our clients and carefully weigh all factors to maximize any potential benefits. Whatever strategy we adopt, our primary goal is to resolve our clients’ files as quickly as possible. Over the past several years this has proven to be a very successful approach to all litigation matters, whether before Small Claims Court, the Superior Court of Justice, the Ontario Court of Appeal or the Supreme Court of Canada.

Rosemary P. Jorgenson and Ashley A. Towill

Rosemary, owner of the consulting firm of Scandcorp Inc., along with Ashley provide the human resources, administrative and accounting support required in order to ensure the smooth operation of ERYOU Barristers.

One of the goals of ERYOU Barristers is to efficiently and effectively manage claims to desired advantageous conclusions. In order to accomplish this goal, and in consultation with our past and present clients, we have developed the following practice guidelines.

1. When a file is assigned to ERYOU Barristers, we will ensure that the appropriate lawyer with the skill set and experience is given carriage of the matter. By doing this, the level of expense required to bring the file to a conclusion is effectively controlled, keeping in mind the exposure and/or complexity of the file.
2. Our investigation of the file will be substantially completed within 60 days of the file being assigned to the firm. An opening report will then be provided within 30 days thereafter, addressing the following:
   • Liability Assessment.
   • Quantum Assessment, if possible.
   • Further investigation required along with a timeline for completion of the same.
   • To Do List with timeline plan to complete.
   • Litigation Plan and Budget.
3. After the Opening Report has been provided, updates on the files will be provided every 60 days from the last report until the file is prepared for the next event, such as discoveries, mediation, or pre-trial. The file will then be diarized for the event. Each updating report will include:
   • Updated liability assessment.
   • Early recommendations for expert retainers.
   • Updated quantum assessment.
   • Further investigation required along with a completion timeline.
   • To Do List with completion timeline.
   • Updated Litigation Plan and Budget if required.
4. Report on examinations for discoveries, Pre-Trials and other major steps in a file shall be reported within fourteen days after the event. Short form reporting is the norm, and will highlight liability and quantum assessments as well as witness credibility.
5. If it is determined that liability exists in a file, then concerted efforts will be made to assess quantum and settle the file as soon as possible.
6. If liability does not rest with the Insured in a file, then efforts will be directed towards removing the client from the file including options for Summary Judgement, or summary processes aimed at narrowing the outstanding issues. Examples of steps which we will consider taking are:
   • Offer to Settle the file on the basis of a dismissal without costs.
   • Tiered Offer to Settle providing escalating costs’ consequences the longer the file remains open.
   • Motion for Summary Judgement.
   • Setting the matter down for Trial.
   • Mediation.

   As a general rule, our recommendation to attend a Mediation will always be premised on the fact that it will be advantageous to our client, unless the Mediation process is mandatory as required by the Rules of Civil Procedure.

7. Where a file is heading towards a Pre-Trial or a Mediation, we will strive to have our Briefs completed two weeks before the scheduled event. We will also advise our opponents that we would prefer to have their Briefs at least two weeks before the scheduled event in order that their position can be properly assessed and instructions provided before the scheduled event.
8. We will provide the client with an assessment of the file 75 days before it goes to Trial in order that all options are canvassed before the process of serious Trial Preparation begins.