ERYOU Barristers is the only law firm in Northwestern Ontario and one of the few in Ontario which restricts its legal practice to Institutional Risk, Institutional Liability and Institutional Insurance. David W. Eryou has acted for a number of institutional clients in Northwestern Ontario, the greater province of Ontario, as well as Manitoba, for twenty-nine years defending claims made against insurers, and Stephen J. Wojciechowski has been acting since 1996 in that same capacity. Given the special nature of the practice of ERYOU Barristers, conflicts of interest are extremely rare.

ERYOU Barristers is consulted and retained only by institutions which are municipalities, hospitals, business corporations or insurance companies to provide advice on risk, liability and insurance matters. This firm has never acted for private individuals in claims against institutions.

ERYOU Barristers was the only firm in Northwestern Ontario and one of the few in Canada to have a person trained in risk management as part of the Legal Team. It was this legal/risk management team which enabled the City of Thunder Bay to spearhead the 1996 legal liability changes to the Municipal Act which saved municipalities and their insurers millions of dollars each year since that date. All Ontario municipalities have benefited by these statutory changes.

The ERYOU Barristers legal team continues to serve insurers and their clients in ongoing issues and claims. As a result, we remain on the cutting edge of developments in insurance risk and liability issues.

It is the combined legal/risk analysis approach that allows this firm to offer enhanced legal/risk services.

Fees, Hourly Rates and Expenses

ERYOU Barristers fees are based on hourly rates with a variance for experience and expertise for the activity generated on the file. It is our practice to bill for work on our files solely on the basis of actual hours spent at our agreed upon and published rates.

Each fee account identifies the person, the activity, the hours expended and the hourly rate on a line by line format. We describe the litigation activity in accordance with the American Bar Association and the Canadian Bar Association litigation code system.

ERYOU Barristers charges disbursements in accordance with the rules of the Law Society of Upper Canada. These disbursements include court costs, discovery costs, investigation and photography, experts' fees, printing and copying, facsimile charges, medical reports, research costs, postage and sundry. Eligible disbursements for which we do not charge are long distance telephone calls.

Firm Background

David W. Eryou and Colleen S. Laughton, FCIP, ARM, CRM

In 1990, Eryou and Laughton laid the foundation for the firm which presently exists. Focussing on developing an exclusive practice, they specialized in liability and fault analysis, insurance coverage analysis  general liability, hospital liability, municipal liability, professional liability, construction liability  litigation risk analysis, and assessment, screening and weighing of scientific evidence. In 1995, Eryou and Laughton 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 distributed across Ontario in a successful bid to amend the Municipal Act in 1996, reshaping the law of nuisance suits 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 Colleen 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 presently exists.

Litigation Team

Stephen J. Wojciechowski, Eugene E. Prpic, Dawne A. Latta, Heather P. Boyle, and MaryAnn Swerdlyk

Stephen, Gene, Dawne, Heather, and MaryAnn comprise the ERYOU Barristers litigation team. Combined, these members bring over forty years experience and legal expertise to resolving each file. Following the foot steps of David and Colleen, ERYOU Barristers develops a sound litigation strategy that meet the 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 certain strategies. Balance is critical: we work with our clients and carefully weigh all factors to maximize benefit. 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 the Small Claims Court, the Superior Court of Justice, the Ontario Court of Appeal or the Supreme Court of Canada.

Legal Resources

The resources of the law firm to provide enhanced legal services are very wide in scope. The firm has an extensive library including materials on trial practise, insurance, risk management and municipal liability.

ERYOU Barristers enjoys the resources of an enviable library which is larger than that of most other insurance litigation practices between Winnipeg and Toronto. The firm also makes extensive and proficient use of virtual library resources available over the internet through free access sites and restricted subscriber sites.

ERYOU Barristers has long been at the forefront of legal technology and research resources available in Canada, USA and globally. The contacts of David Eryou and Colleen Laughton with their American defence lawyer and risk management counterparts gives the firm immediate access to world class legal and technical expertise. Stephen, Gene and Dawne are members of and Heather and MaryAnn are affiliated with American defence groups.

Given the firm's twenty-nine year involvement with liability claims of every nature, the firm has an extensive network of technical experts which it can access.

Professional Liability Insurance

ERYOU Barristers carries professional liability insurance with policy limits of $10,000,000.

Litigation Management Strategy

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.