Road Warriors

Posted by on April 23, 2014 under Our Firm Be the First to Comment

Patrick Brown personal injury lawyer

By: Patrick Brown, McLeish Orlando LLP

Published in: Precedent Magazine, Spring 2014 issue 

Toronto has one of the highest collision rates per capita for cyclists of any large Canadian city. More than 1,000 bicycle riders are injured in Toronto each year — and the real figure is much higher, since an estimated 80 percent go unreported. (Our province isn’t doing so well either: roughly 26,000 Ontarians wind up in the ER each year due to cycling accidents.)

As a critical injury lawyer who works with victims of cycling accidents and their families, I’ve had a front-row seat to the aftermath of these collisions. The devastating impact these cases have on victims’ loved ones goes far beyond what the statistics report. And there’s a tragedy of an even wider scope: so much could be done to prevent both minor injuries and fatalities on bikes. Our city and province know what these things are, but without the threat of lawsuits, our governments are reluctant to invest money in cycling safety.

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Top cases discuss expert reports, Facebook profiles

Posted by on April 14, 2014 under Case Law, Court Procedures, News Be the First to Comment

Patrick Brown personal injury lawyerPatrick Brown recently presented at The Oatley McLeish Lecture Series: Guide to Motor Vehicle Litigation and presented on the Top Tort Cases of the Year. AdvocateDaily sat down with Patrick and discussed the important decisions over the last 12 months, one being the disclosure of Facebook profiles. To read more of this article visit AdvocateDaily.com by clicking here.

Attendant care based on Form 1, not incurred amount

Posted by on April 9, 2014 under Accident Benefits, Case Law, Disability Benefits Comments are off for this article

Attendant care Form 1

On November 26, 2010 our client, Mr. Marcus, suffered serious personal injuries when he fell on a TTC bus at the age of 89. Mr. Marcus applied for and received statutory accident benefits from TTC Insurance, including an attendant care benefit. He also sought a determination of catastrophic impairment (“CAT”). Read more of this article »

When bifurcation makes sense, and why

Posted by on April 7, 2014 under Case Law, Court Procedures Comments are off for this article

Salvatore Shaw

Prior to Jan. 1, 2010, the power to bifurcate a civil trial was not conferred by any statute or found under the Rules of Civil Procedure, but was based on the court’s inherent jurisdiction to control its own process, writes Shaw. The amendment then came into force, changing the rules so they included a specific provision for separate hearings, which reads: “With the consent of the parties, the court may order a separate hearing on one or more issues in a proceeding, including separate hearings on the issues of liability and damages.” Read more of this article »

Capping Attendant Care Rates: Depriving Family Members of a Fair Wage

Posted by on March 31, 2014 under Court Procedures, Disability Benefits, News Comments are off for this article

Rikin-Morzaria

Recent changes to the SABS mean that family members who leave work to provide attendant care services their injured relatives will in some cases be paid a benefit equal to only a fraction of the minimum wage. Read more of this article »

Insurers should not rely on social programs

Posted by on March 27, 2014 under Our Firm Comments are off for this article

Patrick Brown personal injury lawyer

By: Patrick Brown, McLeish Orlando LLP

Published in: The Lawyers Weekly Mar. 28, 2014 issue

When a child or adult suffers a severe traumatic brain injury or spinal cord injury, the costs for care into the future are significant. Failure to adequately address the needs of a severely disabled client through medical evidence and a solid life care plan can have a disastrous impact on the case. Since the needs are for a lifetime, many items equate to high figures.

Traditionally, the insurer and defence counsel have contested the care costs items on the basis that the specific item being sought is either not needed to the extent asserted, is unreasonable, or the market rates are much lower.   Read more of this article »

Cyclists, Mind The Gap

Posted by on March 19, 2014 under Community, Cycling, Our Firm, Safety Comments are off for this article

 

pothole-web preview

Photo Credit: I Bike TO

With the start of spring and my return to commuting by bike to work, the potholes that rattled my car are now more than a mere inconvenience.  Aside from falling after hitting a pothole, the more concerning risk is swerving to avoid a pothole and not checking for approaching cars.  The possibility of a car swerving into a cyclist is an equally realistic concern.  Although a sharp lookout is the best defence, the city has a duty to repair potholes, and typically will fix them if they are over a specific size within 4 days. Read more of this article »

Ontario proposes beefed up penalties for distracted driving

Posted by on under Accident Prevention, Automobile Insurance, Insurance Companies, News, Our Firm, Safety Comments are off for this article

Patrick Brown personal injury lawyer

Patrick Brown, Partner of McLeish Orlando was featured in yesterday’s Canadian Press article on Advocate Daily discussing the distracted driving legislation, he told Advocate Daily, “There’s still more to be done, but it’s a good step to implement this new legislation as it relates to distracted driving, especially in light of all the developments that have happened over the years with personal devises and in-car distractions.” To read the full article click here

Latest Case Summaries – March 2014

Posted by on March 10, 2014 under Case Law Comments are off for this article

RIKINM_HSChapin v. Bennett, 2014 ONSC 1179 (SCJ)

In this recent decision, Mr. Justice McCartney considered whether the amendment of a Statement of Claim in an FLA action to include damages for PTSD (known generally as nervous shock). The defendants opposed the amendment, arguing that the limitation period had expired since the claim for PTSD was a new cause of action in personal injury, rather than an FLA claim.

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It’s not what’s missing, it’s what’s there: Day 1 of the Paralympics in Sochi!

Posted by on March 7, 2014 under Community, News, Our Firm Comments are off for this article

The Paralympic games have officially begun!  Canadian athletes will again take to the ice and slopes in Sochi, hoping to bring back the gold to Canada. The Paralympic sports that Canadians will be partaking in are: alpine skiing, biathlon, cross-country skiing, para-snowboarding, wheel chair curling and the all-time favourite, sledge hockey.  Read more of this article »