Chantale Gagnon will never forget her accident on January 16, 2021. In the middle of a snowstorm, she lost her balance while getting out of the taxi that was taking her home. “I spoke to the taxi driver then he left and I still had my hand on the handle. I fell sideways and hurt my hand,” she says.
Chantale Gagnon has been unable to work for months and is in a precarious financial situation. However, the SAAQ refuses to compensate him because it considers that it is not a traffic accident within the meaning of the Motor Vehicle Insurance Act. She then turned to the law firm Accident Solution, which specializes in defending victims of traffic and work accidents.
Six months earlier, Pierre Sénécal had also turned to Accident Solution in the hope of having the consequences of a car accident in 2004 that could have cost him his life recognized. I fell off a bridge at 80 kilometers per hour. I still have problems with my neck. “I just asked for treatment,” he emphasizes.
Accident Solution, whose offices are in Montreal, also offers in-home meetings. Pierre Sénécal is visited by a representative of the company, a man named Pierre Roy, who reads his documents. His words are encouraging.
“He told me that it was easy to win and that I had a 95% solid record,” says Mr. Sénécal, confirmed by his wife, who also attended the meeting.
Chantale Gagnon receives a visit from the same representative who calms her down. He makes her understand that he wouldn’t have moved if his business hadn’t been good.
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Pierre Sénécal also did business with Accident Solution.
Photo: Radio-Canada / Jean-François Vézina
Chantale Gagnon and Pierre Sénécal, mistakenly believing that Pierre Roy was a lawyer, signed on the same day a contract for $1,750 plus taxes with Accident Solution, which envisaged several stages from the analysis of the file to the challenge. Arbitration and hearing fees are not included. If successful, they must pay the company at least 20% of the amounts achieved.
One weak file and another too late
Everything is going well for Pierre Sénécal until he learns a few months later that his case is anything but concrete.
According to an Accident Solution lawyer, he needs medical expertise to make the connection between his pain and his accident, otherwise his chances of success are very slim. His contract stipulates that expert fees are not included. Pierre Sénécal was unaware of the costs, which could amount to more than $2,000. Accident Solution’s representative, Pierre Roy, did not talk about it when signing the contract, according to Pierre Sénécal and his wife.
For her part, Chantale Gagnon noted, a year and a half after signing her contract, that the SAAQ’s recent decision to deny her compensation had never been challenged by Accident Solution, although she had in fact contacted the office. So she doesn’t have any time left. I really panicked. I bawled all night long. I said: That can’t be right, I was wrong, she emphasizes.
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The Accident Resolution Website.
Photo: Radio-Canada
Replica of the accident solution
Accident Solution states that it did not see the decision submitted by Chantale Gagnon at the time, which explains why the challenge was not made in a timely manner. In fact, the company first became aware of this through La Bill, who provided the company with relevant evidence.
Furthermore, in response to the Pierre Sénécal case, Accident Solution argues that the members of his team made no promises about the prospects of success.
Pierre Roy, contacted by telephone, also refutes the comments attributed to him by customers and believes that it is a matter of interpretation. However, he asserts that he does not immediately go into medical reports and their costs. On this point, Accident Solution points out that the analysis may require expertise. However, according to attorney Marc Bellemare, a pioneer in accident defense, this possibility must be discussed with the client from the outset.
You don’t sign a $2,000 mandate and say, “You’ve got a good cause,” and then call the guy four months later and say, “Well, that requires expertise.” “I don’t understand that.” says the former justice minister in his office in Quebec.
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Attorney Marc Bellemare in his offices.
Photo: Radio-Canada / Jean-François Vézina
Accident Solution was founded in 2018 and is led by Me Robert Astell. The company refused to allow us to be interviewed on camera and criticized our journalistic approach. He claims that he has represented thousands of people who have been successful in their actions, that he offers the lowest prices on the market and that he promotes access to justice.
The company warns us about the statements made by its direct competitor Marc Bellemare, whom it accuses of damaging its reputation.
Practices that raise questions
The Quebec Bar does not wish to comment on Accident Solution’s practices, but agrees to speak to us generally.
According to the secretary of the Order of the Bar of Quebec, Me Sylvie Champagne, the use of representatives to have clients sign contracts (as is the case with Accident Solution) is not common practice. According to the Code of Ethics, lawyers must have a discussion with their client about the question of fees before accepting a mandate.
Before agreeing with the client to provide professional services, the lawyer ensures that the client has all useful information regarding his financial arrangements and obtains his consent on the subject, unless he has reason to believe that this client is already informed about it.
Source: Code of Ethics for Lawyers – Lawyers Act, Article 99 (New Window)
According to Me Sylvie Champagne, it is possible for someone else to have the client sign the mandate, but first the same client must have had a conversation with the lawyer who must represent him. According to Chantale Gagnon and Pierre Sénécal, this is not the case.
Before accepting the mandate, the lawyer must discuss the fees, the frequency of the fees and his hourly rate, if necessary in the form of a flat rate, with the client. A lawyer is therefore needed to discuss these issues, explains the secretary of the Order of the Quebec Bar. I invite citizens to always request a meeting with the lawyer with whom they wish to do business before signing a mandate and before accepting any fees.
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Sylvie Champagne, Secretary of the Order of the Quebec Bar.
Photo: Radio-Canada / Jean-François Vézina
An analysis after the contract has been signed
Sylvie Champagne of the Quebec Bar Association emphasizes that if a client wants to do business with a lawyer, there are meetings so that the client knows whether he has a case and what fees he will have to pay to enforce his rights.
According to Chantale Gagnon and Pierre Sénécal, this is not the case in their case. It is also clearly stipulated in their contracts that the file analysis takes place after the contract is signed.
At first glance, Accident Solution’s pricing appears competitive. The fees of other lawyers who defend accident victims can reach tens of thousands of dollars in complex cases. For Marc Bellemare, however, it is Accident Solution’s base price when signing the contract that raises questions.
What bothers me is that a fixed amount of around $2,000 is charged upfront. Normally a file study must be carried out beforehand. And it doesn’t cost $2,000 to analyze a file unless it has 4,000 pages, explains the lawyer and former Quebec justice minister. According to several lawyers consulted, a preliminary analysis of whether it is worth asserting your rights costs between $130 and $650.
A former fraudster within the company
One of Accident Solution’s employees caught our attention because of his past and comments.
Alexandre Royer, a file manager at the company for several years, according to his LinkedIn page, was also one of the leaders of a criminal organization that defrauded at least a hundred Canadian savers of more than $10 million.
In 2015, he pleaded guilty to several charges including fraud, theft, money laundering and conspiracy. One of his lawyers was Robert Astell, who is now the head of Accident Solution.
Accident Solution believes that Alexandre Royer is an excellent manager and is entitled to rehabilitation.
There is nothing in the Code of Ethics for Lawyers that prohibits hiring a person with a criminal record into a law firm. On the other hand, the lawyer must ensure that his colleagues comply with the applicable rules.
The lawyer shall take reasonable measures to ensure that the Law on Lawyers (Chapter B-1), the Rules of Professional Conduct (Chapter C-26) and the regulations adopted for their application are complied with by every person who cooperates with him in the exercise of his professional activity and, if applicable, by any company in which he carries out such activities.
Source: Professional ethics of lawyers – Lawyers Act, Article 5 (New window)
During a consultation with a customer whose recording was sent to us, Alexandre Royer addresses the question of medical expertise. He says medical expertise is an investment.
If we present this as evidence in court, I can tell you that in 95% of cases it will be resolved through an out-of-court agreement. [sic]he said to the customer.
This statement shocks lawyer Marc Bellemare. An expert opinion is a professional opinion. We have no idea what the outcome will be and in certain cases the report may be unfavorable.
About Accident Solution, Alexandre Royer says that he always said the same thing […] neutral and objective towards customers […] on the reasons for an opinion.
A customer has refunded a large part
Marie-Ève Gauthier is also one of the customers who are dissatisfied with Accident Solution’s services.
In 2021, after an injury at her workplace, she entered into a contract with the company to have several consequential injuries recognized. She paid more than $1,600 plus taxes to be represented by a non-attorney, as is permitted by law in workplace accidents.
She has several conversations with Accident Solution employees, but as the court date approaches, she becomes more worried because she hasn’t heard anything. She finally manages to talk to an employee who suggests to her that this is normal, that it is done this way to preserve the spontaneity of the clients in court so that they do not appear prepared.
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Marie-Ève Gauthier is also one of the law firm’s dissatisfied clients.
Photo: Radio-Canada / Jean-François Vézina
When I hung up afterward, I told myself that it made no sense, Marie-Ève Gauthier tells us.
In fact, there is no one available to represent them at the hearing. She terminated her contract and contacted the Quebec Bar Association to denounce the company’s practices. His appeal is being heard by the Accounts Arbitration Council, a Law Society body that only hears legal fee disputes and has nothing to do with ethics.
In a decision issued last spring, the arbitrator ordered Accident Solution to reimburse him the amount of $1,359.58, particularly given the lack of follow-up, advice and effort devoted to his case.
Customers argue
Chantale Gagnon and Pierre Sénécal have both severed their ties with Accident Solution.
Pierre Sénécal appeared in court against the SAAQ alone and without medical expertise and lost. If he had had all the relevant information at the start, he says, he would never have signed a contract with Accident Solution and instead invested the money in treatments.
Hoping to get his money back, he’s now suing the person who forced him into the contract for small claims. For its part, Accident Solution defends itself on behalf of its representative in the case and disputes Pierre Sénécal’s statement of facts.
Chantale Gagnon turned to another lawyer, Me Sophie Mongeon, to represent her. In a decision made in court in recent days, the judge found that Chantale Gagnon had failed to file an objection within the deadline, since, according to his lawyer Me Mongeon, this was not her fault but that of her representative, Accident Solution.
His case will therefore ultimately be heard on the merits.
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Chantale Gagnon is now represented by Me Sophie Mongeon.
Photo: Radio-Canada / Jean-François Vézina
Chantale Gagnon also filed a complaint with the Bar Association, which is currently conducting an ethics investigation. You hire lawyers to defend you. There I have to defend myself against these lawyers who have done nothing, she complains.
Accident Solution informs us that no ethics complaint has been filed against the company or Me Robert Astell.
Me Marc Bellemare, for his part, wants the legal profession to become much more interventionist. And he doesn’t mince his words when it comes to his professional mission. I think the Bar Association is not doing its job. The role of the Bar Association is to protect the population and the public. And accident victims are perhaps the most vulnerable group of all, he argues.
The secretary of the Order of the Quebec Bar Association defends herself and calls on citizens to contact the organization. I can confirm that the Quebec Bar takes these matters very seriously to ensure the protection of the public. We all have mechanisms. And I invite citizens who have complaints to contact us, specifies Me Sylvie Champagne from the Quebec Bar.