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