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 Many defence theories are based on an outdated notion that people are embracing the idea of Freedom 55 and retiring earlier than in previous generations.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 »
Good news for bike safety advocates; a new uniform system for data collection allows for Police to better track ‘dooring’ incidents.
As of November 5, 2013 a new records-management system has been implemented which allows Police to track the number of ‘dooring’ incidents across the City of Toronto. Prior to this new system and in light of the definition of collision changing to exclude ‘dooring incidents’, it was difficult for Police to collect ‘dooring’ information as there was no uniform manner to track ‘dooring’ incidents.
New guidelines reporting symptoms and treatment of post-concussion syndrome have been released which represent a positive step towards determining the effects of concussion, John McLeish, Partner of McLeish Orlando talks to Advocate Daily about what this means for diagnosis and treatment of post-concussion syndrome . Click here to read the article.
Rikin Morzaria, Partner at McLeish Orlando talks to Advocate Daily about steps The Ontario Trial Lawyers Association is taking in developing standards of ethical conduct within the personal injury bar. Click here to read the article.
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 »
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 »
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.
Photos from bist.ca- Click the photo to enlarge