Hamiltonian's settlement took nearly 21 years

Hamiltonian's settlement took nearly 21 years
Frank Lico was given $270,420 to settle lawsuit, but goes after more in legal odyssey

Almost 21 years after his bicycle crashed into a car, Hamilton’s Frank Lico has finally seen some justice.

But he wants more.

The 61-year-old disabled former Dofasco worker isn’t happy with last week’s court approval of a $270,420 insurance settlement between the provincial Public Guardian and Trustee, acting on his behalf, and a group of insurance companies.

It followed a legal odyssey that would make most hardened litigators wilt. The case had never reached trial. The presiding judge described the history of proceedings as “agonizing.”

It doesn’t faze Lico, who objected to the Public Guardian’s proposal and says the money in the settlement isn’t nearly enough. After legal costs, it’s about $200,000 or less than $10,000 annually over the past two decades, he says.

Lico, who lives in a two-bedroom apartment and receives about $1,900 a month from government and his estranged wife, refuses to say how much would satisfy him.

All Lico knows is that he wants to appeal the decision and is looking for another lawyer. He has gone through five litigators.

“I just want what’s fair,” he said in an interview. “They’ve dragged this out to try to frustrate me so I would quit. They never wanted this to get to a trial and jury.”

The Ontario Public Guardian, which acts for people judged to be “incapable,” was appointed by the court in 2008, two years after Lico asked for help because he was unable to reduce medication and have a clear mind for legal proceedings.

The Public Guardian has no plans to appeal the settlement. But Lico remains undaunted by the possibility of not having any appeal rights. If that option is not open to him, Lico said he would complain to the Ontario Judicial Council about the conduct of judges in the case.

“When you suffered a wrong, you don’t want it to happen to anyone else so you keep fighting it, I’m going to get them (the insurers) and get them good,” said Lico, who walks in pain and uses a scooter.

Courts have taken steps to quicken the pace of litigation in recent years but in some cases, the parties involved make that goal extremely difficult, legal experts say.

“The time it takes to deal with a case is primarily in the hands of the parties,” said veteran Bay Street lawyer Jim Hodgson, of the firm Norton Rose.

In his synopsis of the case, Justice Harrison Arrell said Lico was responsible for many delays and adamantly refused the advice of his lawyers.

“In essence, he believes his injuries from the accident caused his marriage breakdown, estrangement from his son, his total inability to work since the accident, and every medical and mental problem that he currently experiences,” said Arrell in his decision approving the settlement.

Lico, a former Dofasco worker who dabbled in business for a few years, has not worked since 1977, when he became a stay-at-home dad caring for his son. He planned on a return to work when his son was older.

But his life took a drastic turn on the afternoon of Aug. 30, 1991. Lico was bicycling past several parked cars when a motorist opened his car door in Lico’s path and knocked him off his bike.

He suffered a meniscal tear in one knee, developed a cyst, had nerve damage in his spine and soft tissue back injuries. The latest judgment indicated he appeared to develop chronic pain and depression over time.

Lico filed claims against the driver and insurers, including Canadian General Insurance Co., in 1993 and 1994. The parties completed the discovery process of examining witnesses and pretrial proceedings by 1999. Courts set trial dates, but they were cancelled several times.

The case languished for the next five years. In 2004, another judge said Lico had no plans to proceed to trial and it prejudiced the defendants. He ordered a trial or dismissal by June 2005.

“Justice requires finality,” the judge added.

More postponements pushed the trial to September 2006, but that was followed by more delays after Lico asked the court for the Public Guardian’s help.

A tentative settlement, which included Lico’s five previous lawyers waiving their fees, was finally reached in January 2011.

Jamie Pollock, a litigator acting for the Public Guardian, said there was a lack of evidence to prove some damages and Arrell agreed.

“There is a substantial probability that Mr. Lico would be able to prove very little at this late stage of his litigation,” Arrell wrote. “To proceed further is fraught with risk.”

He added that Lico, who separated from his wife in 1994, refused medical examinations that the defence arranged, or to undergo a psychiatric assessment to determine his condition.

The judge said Lico is unable to understand information to make a decision on property and finances, or appreciate the consequences of his choices.

For example, the judge said Lico has failed to seek out benefits that are likely available to him and has not filed tax returns since 2000.

Lico owes $56,607 plus continuing interest to the Canada Revenue Agency. Lico said he explained to tax officials he hasn’t filed because of financial difficulties emanating from the court case.

But Lico said he’s not touching the monetary award and rejects suggestions he is responsible for the delays in getting justice.

“I cannot think of a situation where someone can only be compensated monetarily who would rather get paid later than sooner,” he said.

Torstar News Service

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