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Personal Injury firm to pay an estimated $4 million to settle class-action with former clients

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A personal injury law firm has agreed to pay an estimated $4 million to settle claims that the firm double-dipped from the settlements of nearly 1,800 accident victims it represented.

The settlement between Neinstein & Associates LLP, a prominent personal injury law firm, and its clients was approved Wednesday by Justice Paul Perell.

Cassie Hodge, one of nearly 1,800 accident victims who joined a class-action lawsuit against Neinstein & Associates LLP. The firm has agreed to pay an estimated $4 million to settle the claims.
Cassie Hodge, one of nearly 1,800 accident victims who joined a class-action lawsuit against Neinstein & Associates LLP. The firm has agreed to pay an estimated $4 million to settle the claims.  (Andrew Lahodynskyj / Toronto Star)

Perell’s sign-off on the settlement effectively ends a class-action lawsuit that was certified in June 2017 but never made it to trial.

At the time the class-action commenced, lawyers working on contingency — “you don’t pay unless we win” — were not allowed to take a sum of money called “costs” in addition to a percentage of the settlement, according to the Solicitor’s Act governing lawyers.

In 2012, the roughly 1,800 class members alleged that Gary Neinstein and the law firm breached provincial law and their “fiduciary duties because they charged an amount for costs” in addition to the fee spelled out in their contingency fee agreement, according to Perell’s settlement approval decision. The firm denied the allegations.

Jeff Neinstein, managing partner of Neinstein Personal Injury Lawyers, told the Star in an email his firm is “pleased that this issue has been resolved.”

“We appreciate the trust and confidence that our clients have continued to place in us and we remain dedicated to providing compassionate legal representation for all victims across Ontario.”

During a brief hearing in a second-floor courtroom at downtown Toronto’s Osgoode Hall, Perell additionally approved $1 million in legal fees and assorted charges incurred during the litigation for plaintiff lawyers Peter Waldmann and Andrew Stein, plus a $10,000 honorarium to accident victim Cassie Hodge, the 46-year-old mother of two at the heart of the case.

Waldmann, who represented Hodge and the other class members, said the settlement is “a compromise,” but he is pleased the accident victims are getting some remedy.

A Star investigation that began in 2016 found personal injury lawyers in Ontario had routinely taken their fees then also taken the “costs,” which a Divisional Court judge had called “double dipping.” As a result, the Star story said, many Ontario residents had been overcharged thousands of dollars and likely did not know it.

On the heels of the Star’s findings, the Law Society of Ontario decided to make changes to the way personal injury lawyers can advertise their services, bill their clients and charge and collect referral fees.

“When this issue was first raised, it became clear that there was confusion regarding the interpretation of the Solicitors Act,” Jeff Neinstein said Wednesday. “We took these concerns very seriously. We worked collaboratively to ensure that these issues were responsibly addressed. We are proud of the work that we do and continue to promote access to justice.”

In his settlement approval order, Justice Perell said negotiations between both sides were “intensive.” He said the settlement is “a good result for the class particularly having regard to the litigation risks and the long litigation road that would await them.”

As part of the settlement, a class member could get 30 per cent of what Neinstein referred to on his accounts as costs, the court said, provided she or he signed or amended a contingency fee agreement with the firm after October 1, 2004 and paid their fees before December 9, 2015.

Their cases must also have settled for at least $40,000 and their bills included at least $15,000 for an amount the firm called “party and party costs,” “partial indemnity costs” or another term using equivalent language.

Perell said that he awarded Hodge the honorarium to pay her personal expenses during the case and “to acknowledge her extraordinary contribution.”

Hodge’s battle against Neinstein began in 2010 after the law firm settled her car accident case for $150,000, sending her a final account that included charges for “legal fees” of $30,326 and “costs” of $30,000. She was also charged for $48,924 of “disbursements,” charges incurred by the lawyer in the course of litigation, which included $4,008 for photocopies, $2,791 for “laser copies,” and $1,372 for “interest recovery,” according to an earlier appeal court ruling that upheld the certification of the class.

Hodge alleges she was left with a fraction of her settlement.

Hodge had retained the Neinstein firm after a 2002 accident that left her with a concussion, whiplash, a retinal tear, soft tissue injures and chronic pain.

“Justice is served,” Hodge said outside the courtroom after the hearing. “Now people are aware of what was happening at law firms, and they know that they do have recourse.”

Michele Henry is a Toronto-based investigative reporter. Follow her on Twitter: @michelehenry

Kenyon Wallace is a Toronto-based investigative reporter. Follow him on Twitter: @KenyonWallace or reach him via email: kwallace@thestar.ca

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Anglais

Nostalgia and much more with Starburst XXXtreme

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Get a taste of adventure with Starburst XXXtreme based on the legendary NetEnt Game. The nostalgic themes are sure to capture fans of the classic version as they get treated to higher intensity, better visuals, and features. The most significant element of the game is its volatility. Patience will not be an essential virtue considering the insane gameplay, and there is a lot of win potential involved. It retains the original makeup of the previous game while adding a healthy dose of adrenaline. 

Starburst Visuals and Symbols

The game is definitely more conspicuous than before. The setting happens over a 5-reel, 3-row game grid with nine fixed win lines, which function if a succession from the left to the right reel is present. Only those players that that attain the highest win per bet line are paid. From a visual standpoint, the Starburst XXXtreme slots illustrates lightning effects behind the reels, which is not surprising as it is inherited from the original version. Available themes include Classic, Jewels, and Space. The game is also available in both desktop and mobile versions, which is advantageous for players considering the global pandemic. According to Techguide, American gamers are increasingly having more engaging gaming experiences to socialize to fill the gap of in-person interaction. Starburst XXXtreme allows them to fill the social void at a time when there is so much time to be had indoors. 

Starburst XXXTreme Features

Players get to alternate on three features which are Starburst Wilds, XXXtreme Spins, and Random Wilds. The first appears on reels 2,3, or 4. When these land, they expand to cover all positions while also calculating the wins. They are also locked for a respin. If a new one hits, it also becomes locked while awarding another respin. Starburst XXXtreme offers a choice between two scenarios for a higher stake. In one scenario with a ten times stake, the Starburst Wild is set on random on reels 2,3, or 4, and a multiplier starts the respin. The second scenario, which has a 95 times stake, starts with two guaranteed starburst wilds on reels 2,3, or 4. it also plays out using respin game sequence and features. The game also increases the potential with the Random Wilds feature to add Starburst Wilds to a vacant reel at the end of a spin. Every Starburst Wild gives a random multiplier with potential wins of x2, x3, x5, x10, x25, x50, x100, or even x150.

The new feature is sure to be a big hit with the gaming market as online gambling has shown significant growth during the lockdown. AdAge indicates the current casino customer base is an estimated one in five Americans, so Starburst XXXtreme’s additional features will achieve considerable popularity. 

What We Think About The Game

The gambling market has continued to diversify post-pandemic, so it is one of the most opportune times to release an online casino-based game. Thankfully Starburst XXXtreme features eye-catching visuals, including the jewels and space themes. These attract audience participation and make the gameplay inviting. The game also has a nostalgic edge. The previous NetEnt iteration featured similar visuals and gameplay, so the audience has some familiarity with it. The producers have revamped this version by tweaking the features to improve the volatility and engagement. 

That is characterized by the potential win cap of 200,000 times the bet. Starburst XXXtreme does not just give betting alternatives for players that want to go big. The increase of multipliers also provides a great experience. If the respins in the previous version were great, knowing that multipliers can go hundreds of times overtakes the game to a new level. 

Players should get excited about this offering. All of the features can be triggered within a single spin. Whether one plays the standard game or takes the XXXtreme spin route, it is possible to activate all of the features. Of course, the potential 200,000 times potential is a huge carrot. However, the bet size is probably going to be restricted and vary depending on the casino. It is also worth pointing out that a malfunction during the gameplay will void all of the payouts and progress. Overall, the game itself has been designed to provide a capped win of 200,000 times the original bet. 

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Anglais

‘We’re back’: Montreal festival promoters happy to return but looking to next year

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In downtown Montreal, it’s festival season.

In the city’s entertainment district, a musical act was conducting a sound check on stage Friday evening — the second day of the French-language version of the renowned Just For Laughs comedy festival. Tickets for many of the festival’s free outdoor shows — limited by COVID-19 regulations — were sold out.

Two blocks away, more than 100 people were watching an acoustic performance by the Isaac Neto Trio — part of the last weekend of the Festival International Nuits d’Afrique, a celebration of music from the African continent and the African diaspora.

With COVID-19 restrictions continuing to limit capacity, festival organizers say they’re glad to be back but looking forward to next year when they hope border restrictions and capacity limits won’t affect their plans.

Charles Décarie, Just For Laughs’ CEO and president, said this is a “transition year.”

“Even though we have major constraints from the public health group in Montreal, we’ve managed to design a festival that can navigate through those constraints,” Décarie said.

The French-language Juste pour rire festival began on July 15 and is followed by the English-language festival until July 31.

When planning began in February and March, Décarie said, organizers came up with a variety of scenarios for different crowd sizes, ranging from no spectators to 50 per cent of usual capacity.

“You’ve got to build scenarios,” he said. “You do have to plan a little bit more than usual because you have to have alternatives.”

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Anglais

MELS new major movie studio to be built in Montreal

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MONTREAL — MELS Studios will build a new film studio in Montreal, filling some of the gap in supply to meet the demand of Hollywood productions.

MELS president Martin Carrier said on Friday that MELS 4 studio construction will begin « as soon as possible », either in the fall or winter of next year. The studio could host productions as early as spring 2023.

The total investment for the project is $76 million, with the Quebec government contributing a $25 million loan. The project will create 110 jobs, according to the company.

The TVA Group subsidiary’s project will enable it to stand out « even more » internationally, according to Quebecor president and CEO Pierre Karl Péladeau. In the past, MELS Studios has hosted several major productions, including chapters of the X-Men franchise. The next Transformers movie is shooting this summer in Montreal.

Péladeau insisted that local cultural productions would also benefit from the new facility, adding that the studio ensures foreign revenues and to showcase talent and maintain an industry of Quebec producers.

STUDIO SHORTAGE

The film industry is cramped in Montreal.

According to a report published last May by the Bureau du cinéma et de la télévision du Québec (BCTQ), there is a shortage of nearly 400,000 square feet of studio space.

With the addition of MELS 4, which will be 160,000 square feet, the company is filling part of the gap.

Carrier admitted that he has had to turn down contracts because of the lack of space, representing missed opportunities of « tens of millions of dollars, not only for MELS, but also for the Quebec economy. »

« Montreal’s expertise is in high demand, » said Montreal Mayor Valérie Plante, who was present at the announcement.

She said she received great testimonials from « Netflix, Disney, HBO and company » during an economic mission to Los Angeles in 2019.

« What stands out is that they love Montreal because of its expertise, knowledge and beauty. We need more space, like MELS 4, » she said.

There is still not enough capacity in Quebec, acknowledged Minister of Finance, the Economy and Innovation Eric Girard.

« It is certain that the government is concerned about fairness and balance, so if other requests come in, we will study them with the same seriousness as we have studied this one, » he said.

Grandé Studios is the second-largest player in the industry. Last May, the company said it had expansion plans that should begin in 2022. Investissement Québec and Bell are minority shareholders in the company.

For its part, MELS will have 400,000 square feet of production space once MELS 4 is completed. The company employs 450 people in Quebec and offers a range of services including studio and equipment rentals, image and sound postproduction, visual effects and a virtual production platform.

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