Darcy Merkur Featured In Law Times “Adverse Cost Insurance Does Not Eliminate Risk Of Costs Award Against Plaintiffs, says lawyer”

Posted August 11, 2020
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On August 10, 2020, Thomson Rogers trauma lawyer Darcy Merkur discussed how a recent court decision demonstrates that costs awards frequently exceed policy limits in an article titled “Adverse cost insurance does not eliminate risk of costs award against plaintiffs, says lawyer” in Law Times.

“Many personal injury plaintiffs may not appreciate that even though they were smart enough to purchase adverse costs insurance, where appropriate, that their adverse cost insurance may prove highly inadequate to address the real risk,” said Merkur.

Merkur continued to say,

“What happens is a lot of plaintiffs firms have developed a practice or have set their offices up such that they offer or encourage or insist that all of their potential clients take adverse cost insurance. The problem is $100,000 in insurance may not be enough and it doesn’t therefore resolve the concern that a lot of clients have about the possibility of adverse costs being levied against them if the case proves unsuccessful.”

Continue reading the full article on Law Times here.


Darcy Merkur is a highly regarded Ontario trauma lawyer helping accident victims such as pedestrians, cyclists and motorists, who have sustained catastrophic injuries. 

Darcy is one of just four plaintiff’s personal injury lawyers in Ontario recognized as a Certified Specialist in Civil Litigation by the Law Society of Ontario, listed in peer-reviewed publications – Lexpert®, The Best Lawyers™ in Canada and AV pre-eminent Martindale-Hubbell ®. He is also a partner at Thomson Rogers, one of Canada’s Top 10 Personal Injury Law Firms as selected by Canadian Lawyer Magazine. 

Darcy can be reached at 416-868-3176 or by EMAIL.