Latest Case Summaries – May 2014

Posted by on May 27, 2014 under Case Law Comments are off for this article

RIKINM_HS Seif  v. City of Toronto, 2014 ONSC 2983 This was a motion for summary judgment brought by the City on the basis that the plaintiff failed to provide notice of her claim within 10 days of her accident as required by s. 42(6) of the City of Toronto Act, 2006. The plaintiff fell on August 19, 2011 on a City sidewalk. She was treated and released from hospital the same day. She returned to the scene one week after the incident with her husband and took note of a gap on the sidewalk where she had tripped. She sent a notice letter through her lawyers on December 21, 2011. Read more of this article »

McLeish Orlando Critical Injury Lawyers has Officially Opened for Business in Kitchener-Waterloo

Posted by on May 23, 2014 under Marketing, News, Our Firm Comments are off for this article

KW Pano

On Thursday May 22nd, McLeish Orlando held a meet and greet for family, friends, and colleagues in the Kitchener-Waterloo region. Committed to providing the highest level of legal services to the community, McLeish Orlando is looking forward to bringing its expertise to clients in Kitchener-Waterloo, Guelph, Cambridge, and surrounding areas. Read more of this article »

Paediatric Brain Injuries: Early Diagnosis & Rehabilitation is the Key to a Successful Future

Posted by on May 5, 2014 under Brain Injury Comments are off for this article

A child or adolescent can suffer a mild, moderate or even a severe traumatic brain injury (TBI) from numerous activities in their everyday lives. Some common causes for children include bicycle accidents, motor vehicle collisions, accidents in recreational sports and even accidents on playground equipment.

Given these common causes, it should come as no surprise that children and adolescents are some of the most at risk populations for sustaining a TBI. In fact, children under the age of 15 have a 1 in 5 chance of sustaining some form of TBI, and over 3% of hospital admissions are attributed to TBI alone. Children under the age of 5 are at an even greater risk due to their higher propensity for falls. Read more of this article »

Latest Case Summaries – April 2014

Posted by on April 28, 2014 under Case Law Comments are off for this article

RIKINM_HS

Dickie v. Minett, 2014 ONCA 265 (C.A.) (CanLII)

This decision considered where a court can appropriately draw an inference of negligence from circumstantial evidence. The defendant extracted the plaintiff’s wisdom tooth. During the course of the procedure, the plaintiff’s jaw was fractured. Read more of this article »

Toronto Metro News – Legal Matters

Posted by on under News, Our Firm Comments are off for this article

Critical injury lawyer John McLeishInterview with: John McLeish, McLeish Orlando LLP member of the Personal Injury Alliance

Published in: The Toronto Metro News Newspaper April 23, 2014 issue

Legal Matters

What to expect in personal injury cases

Q: Is there any chance of a quick settlement in a personal injury case where someone has been catastrophically injured?

Read more of this article »

Road Warriors

Posted by on April 23, 2014 under Our Firm Comments are off for this article

Patrick Brown personal injury lawyer

By: Patrick Brown, McLeish Orlando LLP

Published in: Precedent Magazine, Spring 2014 issue 

Toronto has one of the highest collision rates per capita for cyclists of any large Canadian city. More than 1,000 bicycle riders are injured in Toronto each year — and the real figure is much higher, since an estimated 80 percent go unreported. (Our province isn’t doing so well either: roughly 26,000 Ontarians wind up in the ER each year due to cycling accidents.)

As a critical injury lawyer who works with victims of cycling accidents and their families, I’ve had a front-row seat to the aftermath of these collisions. The devastating impact these cases have on victims’ loved ones goes far beyond what the statistics report. And there’s a tragedy of an even wider scope: so much could be done to prevent both minor injuries and fatalities on bikes. Our city and province know what these things are, but without the threat of lawsuits, our governments are reluctant to invest money in cycling safety.

Read more of this article »

Top cases discuss expert reports, Facebook profiles

Posted by on April 14, 2014 under Case Law, Court Procedures, News Comments are off for this article

Patrick Brown personal injury lawyerPatrick 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.

Attendant care based on Form 1, not incurred amount

Posted by on April 9, 2014 under Accident Benefits, Case Law, Disability Benefits Comments are off for this article

Attendant care Form 1

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 »

When bifurcation makes sense, and why

Posted by on April 7, 2014 under Case Law, Court Procedures Comments are off for this article

Salvatore Shaw

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 »

Capping Attendant Care Rates: Depriving Family Members of a Fair Wage

Posted by on March 31, 2014 under Court Procedures, Disability Benefits, News Comments are off for this article

Rikin-Morzaria

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 »