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 »
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.
For more information about McLeish Orlando click here
To read issues of the Fine Print Newsletterclick here
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.
A controlled glimpse into the juror process would be beneficial to counsel handling civil cases, Toronto critical injury lawyer John McLeish tells Lawyers Weekly.
In the social media age, Canadian jurors and the legal community at large are divided on whether they can legally discuss the process, their deliberations, and their verdict in civil trials, the article says.
The Criminal Code makes it clear that jurors cannot discuss cases during the trial or after a verdict has been rendered, but when it comes to civil cases, Lawyers Weekly reports, several provinces are mute on the issue. Read more of this article »
McLeish Orlando Supports BIST 5k Run, Walk and Roll and SCIO Wheelchair Relay Challenge
This past weekend, McLeish Orlando staff, family and friends came out to support two very important causes in our community. In spite of the rain on Saturday, there were close to 300 participants who finished the race for the 3rd Annual BIST 5K Run.
Through sponsorship, fundraising and registration, BIST generated over $50,000 that will go a long way in supporting programs, services and efforts to raise brain injury awareness.
The Brain Injury Society of Toronto supports brain injury survivors and family members. BIST aims to enhance the quality of life for people in the City of Toronto, living with the effects of brain injury through education, awareness, support and advocacy.
Aspi Kootar is a loving husband and father of two. On March 8th 1995 Aspi suffered a serious head injury in a motor vehicle accident that changed his life forever. In this video Aspi shares his story of recovery and explains how McLeish Orlando helped him and his family rebuild their lives after a critical injury.
Toronto (August 8, 2013) – The parents of a two-year-old Toronto girl, who died last month while in the care of a Vaughan home daycare, have launched a lawsuit against the Ontario Ministry of Education and five owner/operators of the daycare facility in order to ensure the safety of other children.
“We’ve been advised by the coroner’s office that the death of two-year old Eva Ravikovich was preventable,” said Patrick Brown, partner at McLeish Orlando LLP, the lawyer representing Eva’s parents, Ekaterina Evtropova and Vycheslav Ravikovich. “We hope this case serves as a stark reminder to daycare operators across Ontario to practice their due diligence so that no other parents will have to endure this kind of tragic loss.”
On July 8, 2013, Eva Ravikovich died at the home daycare at 343 Yellowood Circle in Vaughan.
Brown alleges in his statement of claim, that the daycare owner/operators were negligent by failing to provide adequate care and supervision for Eva Ravikovich, exceeded the number of children allowed in the unlicensed home daycare and that members of staff were not properly trained. In addition, Brown also alleges that the Ontario Ministry of Education was negligent by failing to properly inspect, investigate and regulate the daycare, which had been the subject of previous complaints.
Streets designed to take every mode of transportation into account – dubbed complete streets – are safer for the drivers, cyclists and pedestrians travelling on them, Toronto critical injury lawyer Patrick Brown says in Law Times.
In the article, Brown discusses the 2012 cycling death review and the 2012 pedestrian death review, and the coroner’s office move to call for the adoption of complete streets.
“The complete streets concept has been around for a while,” Brown says in Law Times.
“It has been adopted in various jurisdictions in the U.S. Put simply, it provides that anyone involved in the construction, building, maintenance or design of any type of roads provide equal access and equal consideration for all users, especially in urban centres. Complete streets are designed to give cyclists and pedestrians their own space so they can avoid contact.”
The cycling death review examined all of the 129 accidental cycling deaths that occurred in Ontario between Jan. 1, 2006, and Dec. 31, 2010, the article says, while the pedestrian death review examined 95 cases of preventable pedestrian collisions in 2010, including the 23 deaths that occurred in January of that year.
The Ministry of Transportation is currently in the process of developing a cycling strategy and is moving forward with implementing the coroner’s recommendations, the report says.
“We are hoping for a complete streets policy statement directing the road authorities to adopt the concept,” Brown, partner with McLeish Orlando LLP, says in the article.
“There is no doubt in my mind that if they do, we will have the safest roads in North America and a substantial reduction in fatalities.”
McLeish, Brown and Orlando, partners with McLeish Orlando LLP, are speaking on a variety of topics at Practical Strategies: Catastrophic Impairment: A Look into the Future, presented by the Personal Injury Alliance.
The conference is designed to provide information on the unique advocacy required for proving a spinal cord injury case and the latest developments for spinal cord injury rehabilitation, provide a forum for discussion of models of care and treatment strategies, and enhance the funding available to Toronto Western Hospital and St. Michael’s Hospital.
Brown is scheduled to speak on the topic Everything You Ne
ed To Know About Catastrophic Impairment and New Definitions, while McLeish is slated to take part in a panel discussion on future care reports.
Orlando is set to participate in a panel on the subject of situational assessments.
The conference runs from 8 a.m. to 4:30 p.m. at The Carlu in Toronto. Learn more by clicking here.
Toronto (June 11, 2013) – Hundreds of young cyclists will be safer on Toronto streets, thanks to this year’s Helmets on Kids campaign launched at Blake Street Junior Public School. Helmets have been donated to 500 students, as part of a campaign aimed at stopping a dangerous trend.
“The reality is that too many kids injured in cycling collisions in Toronto, are not wearing helmets,” said Patrick Brown, critical injury lawyer at McLeish Orlando LLP, organizer of the Toronto Helmets on Kids Campaign, and director of Cycle Toronto. “Studies show that helmets reduce the severity of head injuries, and it just makes sense to have kids wearing helmets.”
In 2012, 51 cyclists between the ages of five and 14 were injured in cycling collisions in Toronto. Of those, only 13 were wearing helmets;
Between 2006 and 2011, an average of 80 cyclists, between the ages of five and 14, were injured each year in cycling collisions in Toronto;
Toronto’s Helmets on Kids campaign was launched in 2009 by McLeish Orlando LLP. Over the past four years, the campaign has donated helmets to more than 1,500 public school students across Toronto. The Ontario Safety League, Toronto Police, Eastview Boys & Girls Club, Cycle Toronto, the Brain Injury Society of Toronto, the Ontario Trial Lawyers Association and Ward 30 Councillor Paula Fletcher support this year’s campaign. Cycle Solutions has also generously donated its time and services, to provide free bike tune-ups at the event.
“The simple fact is that helmets save lives,” said Brian Patterson, President of the Ontario Safety League. “We’re very proud to support a campaign that helps improve cycling safety for so many young people. We’re urging parents to make sure their kids are wearing helmets.”
Ontario passed a law in 1995, requiring cyclists under the age of 18to wear a helmet. Parents can also be charged if they knowingly allow their children, who are under 16, to ride without a helmet on a roadway or sidewalk.
During this year’s campaign launch, Patrick Brown provided students with safe cycling tips that included the following:
Obey traffic signals and the rules of the road;
Ensure your bicycle has a bell, as well as reflectors and lights for night use;
Always yield to pedestrians, and use your hand signal for lane changes.
McLeish Orlando’s Toronto Helmets on Kids campaign is part of a province-wide Bike Helmets on Kids program started by members of the Ontario Trial Lawyers Association (OTLA) in 2002. Since its first event, held in London, Ontario, more than 19,000 helmets have been distributed to elementary school students. All helmets are purchased with funds donated by OTLA lawyers, their firms and other community sponsors.
In 2013, OTLA Bike Helmets on Kids events have taken place throughout May and June in Ottawa, Toronto, Aurora, Halton Region (Burlington), Peel Region, Barrie, Quinte West (Belleville and Trenton), Sudbury, Windsor, Simcoe County (Midland), and Thunder Bay. These events will help distribute an estimated 4,000 bicycle helmets this year to children in cities and regions across Ontario. For more information, visit www.otla.com.
McLeish Orlando LLP, Personal Injury Lawyers One Queen Street East, Suite 1620 Toronto, ON M5C 2W5 Phone: 416-366-3311 Toll Free: 888-494-8201 Fax: 416-366-3330 Map and Directions
Barrie office 92 Caplan Avenue Barrie, ON L4N 0Z7 Toll Free: 888-494-8201 Fax: 416-366-3330 Map and Directions
Hamilton office One Hunter Street East Hamilton, ON L8N 3W1 Toll Free: 888-494-8201 Map and Directions
McLeish Orlando LLP, Personal Injury Lawyers represents clients in the greater Toronto area (GTA) and throughout southern Ontario, including residents of Hamilton, Oakville, Burlington, Mississauga, Brampton, Woodbridge, Richmond Hill, Markham, Vaughan, Oshawa, Ajax, Whitby, Pickering, Newmarket, Aurora, Barrie, Ottawa, London, Kitchener, Waterloo, St Catharines, Niagara, Kingston and Guelph, Ontario.