While proposed legislative changes to give more power to daycare inspectors in the province are laudable, the changes don’t take away the fact power to shut down an unlicenced day care existed at the time of Eva Ravikovich’s death, says Toronto personal injury lawyer Patrick Brown. Read more of this article »
Running an efficient and effective office includes limiting the number of cases individual lawyers take on so that every client gets the attention they deserve, Toronto critical injury lawyer John McLeish says in Lawyers Weekly.
The entire article can be found on advocatedaily.com click here.
A feeling that sufficient steps have not been taken to punish the driver responsible is often the main reason families of pedestrians killed in collisions contact a lawyer, Toronto critical injury lawyer Patrick Brown tells the Toronto Sun.
The entire article can be found on advocatedaily.com here.
A recent arbitration decision in Mujku v State Farm provides a useful analysis for determining catastrophic impairment due to a mental or behavioural disorder under the Statutory Accident Benefits Schedule. The applicant, Mrs. Mujku, was injured in a rear end collision in November, 2005. The collision itself, by all accounts, was relatively minor: The vehicle sustained $703.34 worth of damage and Mrs. Mujku suffered soft tissue injuries. Following the collision, Mrs. Mujku’s pain steadily worsened and her mental health deteriorated. Eventually, Mrs. Mujku was diagnosed with a number of recognized mental and behavioural disorders, including, a major depressive disorder and a pain disorder with associated psychological factors.
Arbitrator Jeffrey Rogers decided that Mrs. Mujku met the definition of catastrophic impairment due to mental or behavioural disorder under the Statutory Accident Benefits Schedule. In order to be found catastrophically impaired, an applicant must have a marked impairment in one of four areas of functioning: 1) activities of daily living; 2) social functioning; 3) concentration, persistence and pace; or 4) deterioration or decompensation in work or worklike settings. Read more of this article »
An overwhelming demand for dispute resolution services has created a backlog of cases awaiting mediation at the Financial Services Commission of Ontario. The 2013 Ontario Budget called for the appointment of an expert to review the system and propose changes. The Ontario Minister of Finance Charles Sousa appointed The Honourable J. Douglas Cunningham, QC, former Associate Chief Justice of the Ontario Superior Court of Justice, to conduct the review of Ontario’s dispute resolution system.
The Ministry of Finance called for submissions from stakeholders involved in the dispute resolution process. The Honourable J. Douglas Cunningham, QC reviewed the submissions and took part in stakeholder meetings to get a clear picture of the problems facing the dispute resolution process in Ontario. Read more of this article »
Daylight savings time is ending this weekend. When turning your clocks back one hour, the following reminders may help you as we prepare for winter:
- Observing and maintaining your smoke detectors and carbon monoxide detectors is important in avoiding a fire or carbon monoxide dangers in your home. Try correlating replacing batteries in these devices with daylight savings time. You should also test the units once a month.
- Create or review the emergency plan for your home. Set-up a meeting with family members to discuss the plan for an emergency.
- Replace any necessary first aid kit supplies that have been used to ensure that in an emergency you have a complete first aid kit.
- Create an emergency kit which may consist of industrial flashlights and batteries, radio or crank radio (to listen to news bulletins), candles and matches, extra car keys, cash, blankets or sleeping bags, food and bottled water.
- In addition to your first aid and emergency kit, you should also create a Car Winter Survival kit. Keep a road map, flashlight, food, water and blanket in the trunk of your vehicle.
Being prepared is one of the best defenses you can have against a potential threat or natural disaster. Gather your family members this weekend or over the holiday season and make a plan for what you would do in case of an emergency.
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Settlement privilege is a long-standing concept that wraps a protective veil around the efforts that litigants make to settle their disputes. It does so by ensuring that communications made to negotiate a settlement are confidential and inadmissible at trial. With these assurances, parties can negotiate freely without worrying that the negotiations will later come back to haunt them. Read more of this article »
By: Dale Orlando, McLeish Orlando LLP
Published in: Insurance Lawyer Magazine
on October 13, 2013
In a court action for damages arising out of an injury, judges and juries will rely upon the opinions of health professionals in order to understand and interpret the facts of a plaintiff’s claim. However, many health professionals are understandably hesitant to express their opinions within this context. This article is intended to assist health professionals in this regard, through a discussion of what a health professional may expect and how best to prepare, if called to appear as a witness at trial.
The scope of the expert’s testimony
When an expert takes the stand at trial, he or she will not be narrowly confined and limited to the precise content of his or her report, which would have been delivered pursuant to theEvidence Act. A medical expert has a right to explain, amplify and expand on what is latent in the medical report – so long as they are not opening a new field. The purpose of the rule is to facilitate orderly trial preparation by providing opposing parties with adequate notice of opinion evidence to be adduced at trial. Read more of this article »
As seen on AdvocateDaily.com
Making use of technology ensures efficiency and productivity remain at peak levels, even during time periods that may otherwise be wasted, Toronto critical injury lawyer John McLeish says in Lawyers Weekly.
In an article discussing working on the go, McLeish says if he’s travelling, he always has a laptop in tow.
If stuck on a plane for three hours without the ability to connect remotely, because the firm has a paperless office, files can easily be downloaded, says McLeish.
“Instead of having two briefcases in the overhead luggage compartment above me, I have a 2.8-pound computer. I can download five, 10 or 25 files so I have them on the plane,” McLeish, a partner with McLeish Orlando LLP, says in the article.
The firm makes use of today’s latest technology, including Primafact, a paperless office system that enables lawyers to instantly access any document in a client’s file, the article says.
“There’s no running around saying, ‘Get me this document.’ We can access everything so quickly,” says McLeish.
When on a trip, McLeish says he’ll often get work done in the lobby of his hotel in the early morning hours.
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With the arrival of the fall season fast approaching, days are shorter, leaving numerous cyclists caught in the dark on their commute home from work. Cycling at night is a dangerous time to bike due to poor visibility. Without lights, cyclists become invisible to motor vehicles.
The McLeish Orlando team took to the Toronto streets last night to promote Cycle Toronto’s Get Lit! campaign. The campaign is aimed towards educating the public on safe cycling at night. Under Ontario law, cyclists must have a rear red light or reflector and a front white light shining thirty minutes before sundown and thirty minutes before sunrise. Read more of this article »