MISSISSAUGA – Ontario will order auto insurance companies to cut premiums by an average of eight per cent by next August, and by a total of 15 per cent within two years, Finance Minister Charles Sousa announced Friday.
The NDP had demanded a 15-per-cent cut in one year in exchange for supporting the minority government’s budget, but Sousa defended his plan as more practical and achievable.
“We are compelling these insurance companies to reduce their rates,” he said.
Regulatory changes in 2010 reduced benefits in some areas, saving the industry hundreds of millions of dollars, and the province will appoint a watchdog to make sure customers see some of those savings in the form of lower rates, added Sousa.
“We believe there are cost savings in the system right now for immediate reductions,” he said. “We have to make certain that those savings can be passed on.”
However, the Insurance Bureau of Canada said it will need to see more steps taken by the government to reduce costs for the industry before premiums can be chopped by 15 per cent. Read more of this article »
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.
Toronto – The Ontario Ministry of Education and the owner/operators of a Vaughan home daycare have been notified of a $3.5 million lawsuit filed by the parents of a two-year old Toronto girl who died last month while in daycare.
What: Parents of Eva Ravikovich speak to media at news conference
Where: Offices of McLeish Orlando LLP, One Queen Street East, Suite 1620
When: Thursday, August 8th @ 10am
Who: Ekaterina Evtropova and Vycheslav Ravikovich & Patrick Brown, partner at McLeish Orlando LLP
For further information contact:
Danna O’Brien, email@example.com 416-500-0699
Patrick Brown, firstname.lastname@example.org 416-366-3311
Toronto (July 3rd, 2013) – The family of a 48-year Toronto woman, struck and killed by a TTC bus last January, has launched a $3.2 million damage suit against the driver – who faces charges arising from the tragedy – and the Toronto Transit Commission.
“The sad reality, is that what happened to Wendy Martella, could happen to anyone,” said Dale Orlando, of McLeish Orlando LLP, the lawyer representing the Martella family. “Wendy was simply crossing the street, on her way home from work as a Senior Management Support Officer with Scotia Bank, when she was struck and killed by the TTC bus as it accelerated through a red light, without warning.”
The TTC bus driver, Magdalene Angelidis, appeared in court on Thursday, June 6th, 2013, on charges of careless driving and failing to stop at a red light.
Orlando writes in the statement of claim, that on January 23, 2013, at approximately, 4:00 p.m., Angelidis stopped the TTC bus in the intersection of Eglinton Avenue and Sinnott Road to pick up a passenger. The bus drove through the intersection, and a red light, striking Martella as she crossed the street on a green light. She suffered serious injuries, and died the following day at Sunnybrook Medical Centre.
The Martella family, alleges the TTC bus driver was distracted and failed to follow proper protocols by making an unscheduled stop in an intersection, writes Orlando in the statement of claim.
The TTC bus driver is scheduled to make a second court appearance at Old City Hall court on July 4.
Brain injuries are occurring at an alarming rate among Ontario teenagers, a new study has found, making education and awareness on the effects of a blow to the head crucial for parents, says Toronto critical injury lawyer Dale Orlando.
“I think there’s a common misconception where people talk about a concussion without understanding that a concussion is considered to be a brain injury,” says Orlando, partner with McLeish Orlando LLP. “A concussion, by definition, is a mild or moderate brain injury.”
The study found that one in five teens in Ontario has had a concussion or another brain injury in their lifetime that was serious enough to leave them unconscious for five minutes or to send them to hospital overnight, CTV reports.
As well, a total of 5.6 per cent reported they had had a concussion or significant brain injury in the past year, it adds.
“Statically, the majority of people who suffer mild traumatic brain injuries go on to have full symptom resolution, but there is a percentage that have significant ongoing difficulties as a result of their mild traumatic brain injury,” says Orlando. “But even for the people that do go on to have a good recovery and are symptom free, they become much more vulnerable to more significant impairments if they suffer a second head injury.”
The study used data from the 2011 Ontario Student Drug Use and Health Survey, CTV reports, noting it used responses from almost 9,000 students from Grades 7-12.
The survey found that the majority of traumatic brain injuries for the teens occurred during sports: 47 per cent for girls and 63.5 per cent for boys, with hockey and soccer accounting for more than half the injuries, the report says.
“I think as parents we have to be hyper vigilant and aware that a concussion isn’t just a minor thing like a scrape or a bruise that happens through the course of childhood that isn’t a big deal,” says Orlando.
“Many Canadian boys and girls grow up chasing the dream of making a living playing hockey, but Peewee games and Bantam games – they’re not the NHL,” he says. “Rules regarding hits to the head should be stringently enforced. Any hit directed to the head should have serious consequences for the person delivering the hit. Hitting from behind, driving somebody’s head into the boards … the penalty should be increased to eliminate it from the sport.”
On the soccer field, Orlando says it’s common to see injuries from regular activities, like heading the ball.
“That may not be appropriate for children of a certain age,” he says.
Orlando says while improvements have been made in sporting rules, more can be done to prevent serious injury.
“I think we’ve come a long way from the days of somebody suffering a concussion and having the coach say ‘Get back out there for your next shift.’ There are practices and protocols in place,” he says. “Parents have to recognize that a concussion is a mild traumatic brain injury and the restrictions associated with return to play are there for a reason.”
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.”
As Google Reader prepares to retire as of July 1, lawyers who use the service to track news in their practice areas are trying new tools, like Flipboard’s social news magazine, recently tested by Toronto critical injury lawyer Rikin Morzaria for aLaw Times article on the topic.
“I loved it as a recreational reading tool. It’s somewhat limited using it as a tool to keep up to date with cases and other legal research,” Morzaria, partner with McLeish Orlando LLP, says in the article.
“The visual display is beautiful and it makes it a pleasant experience to read through decisions but it doesn’t let you see at a glance which decisions are new, which ones you’ve already started reading, and which ones you’ve already read.
“I’ve tried Netvibes, too, which is pretty comparable to Google Reader and you can use it offline.”
Google announced its decision to shut down the popular RSS feed reader in March, citing declining users, Law Times reports.
A recent case points out very clearly that there is not an absolute bar when it comes to whether a negligent driver can still pursue a negligence claim against a road authority, Toronto critical injury lawyer Dale Orlando says in Law Times.
Deering v. Scugog (Township), says the article, involves a 2004 motor vehicle accident that left two teenage sisters quadriplegics, with the trial judge finding the defendant municipality to be two-thirds liable with the drive responsible for the remainder. The Ontario Court of Appeal dismissed an appeal last year, and the Supreme Court of Canada denied leave to appeal in December.
As all avenues of appeal have now been exhausted in the case, says Law Times, the Superior Court’s decision is the latest word on the duty of municipalities to keep roads in a reasonable state of repair and the “expected driving capability of the ordinary driver.”
Whether a negligent driver can still pursue a negligence claim, says Orlando, partner with McLeish Orlando LLP who represented the younger sister, “is a question of apportionment after objective analysis of the state of non-repair of the road.”
“Shannon Deering was admittedly negligent. She was over the speed limit on an unfamiliar, hilly road and, accordingly, contributed to the happening of the accident. But that is the second question. The first is: On an objective analysis of the test, did the road represent an unreasonable risk of harm to an ordinary, average user, not to a negligent driver? This includes drivers who are not super drivers,” he says.
Orlando also says he believes that the Deering decision doesn’t create any new tests but reinforces previous decisions. “Municipalities are not held to a standard to make the road safe for negligent drivers. That’s not what the case means,” he explains.
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.
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.