Patrick 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.
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 »
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 »
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 »
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 »
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 »
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.
Chapin 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.
Read more of 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 »
Economic loss calculations can be seriously altered by a wave of new retirement data
By: Dale Orlando, McLeish Orlando LLP
Published in: The Lawyers Weekly Feb. 7, 2014 issue
In a typical personal injury case, there are a number of approaches to developing the theory of economic loss and a number of assumptions are made as part of that theory. In cases where a person is unlikely to return to work or has returned to work but is likely to have to retire earlier than otherwise would have been the case, a major part of the theory revolves around the person’s expected retirement age, but for the accident. While each case turns on its own facts, to some extent both plaintiff counsel and defence counsel will base their theories on a presumed retirement age. Many defence theories are based on an outdated notion that people are embracing the idea of Freedom 55 and retiring earlier than in previous generations. The recent data on this point clearly shows an upward trend in retirement age. There are two very good reasons for this trend; people are living longer and saving less for retirement and people simply cannot afford to retire. Read more of this article »