March 4, 2014 by Stephen Birman
To qualify for the weekly non-earner benefit under the Statutory Accident Benefits Schedule (SABS), an insured person must meet the rigorous “complete inability to carry on a normal life” test (the “complete inability test”). Accident victims who do not work at the time of the accident (and do not qualify for an income replacement benefit) will need to satisfy this test in order to qualify for a weekly benefit. Despite the stringent test for qualification, accident victims who...
February 24, 2014 by Thomson Rogers
We are pleased to announce Deanna Gilbert and Stephen Birman are now partners with Thomson, Rogers.
February 5, 2014 by Darcy Merkur
The Ontario government recently blindsided the personal injury community with a further amendment to the Ontario Statutory Accident Benefit Schedule (SABS) designed to essentially eliminate the possibility of friends and family members providing paid attendant care services to injured loved ones following a motor vehicle accident.
The contentious change relates to the revised definition of ‘incurred’ within subsection 3(7)(e) of the SABS. As of September 1, 2010, the definition of “...
January 27, 2014 by Darcy Merkur
While a judge had commendable goals in declaring an end to lawyers’ practice of reviewing draft expert reports, her recent Superior Court decision may have the unwelcome consequence of affecting who counsel retain as experts.
According to Justice Janet Wilson’s conclusions in Moore v. Getahun on Jan. 14, counsel’s practice of reviewing draft expert reports must stop and meetings with experts to go over the reports are no longer acceptable.
In Moore, the plaintiff had developed compartment...
January 24, 2014 by Thomson Rogers
An Ontario Superior Court justice has found a Peterborough surgeon negligent in his treatment of a six-year-old boy who, in having a pebble removed from his ear, suffered severe damage to his middle ear and facial nerve, causing hearing loss and facial paralysis, says Toronto personal injury lawyer Aleks Mladenovic.
In September 2006, surgery was performed on the young boy, Stone Shearer, by Dr. Kenneth Sewchand at the Peterborough Regional Health Centre, Shearer v. Sewchand reads. Stone and his parents...
January 24, 2014 by Thomson Rogers
Thomson Rogers made a special donation to SCI Ontario’s Regional Services Holiday Fund - Staff Campaign. The donation, combined with the staff donations from SCI Ontario, will assist clients of SCI Ontario across the province.
The funds are given out to clients and members of Spinal Cord Injury Ontario and will assist those who are in financial need to purchase food for a holiday dinner and gifts for their children.
January 22, 2014 by Darcy Merkur
Canadian Courts are beginning to accept service via Facebook.
Recently, my colleague was able to persuade Justice Susan Healey of the Ontario Superior Court of Justice that substituted service of a statement of claim on a defendant via Facebook was appropriate (see the unreported decision of Juzytsch v. Terlecki from the court in Barrie, Ont.). Other provincial courts have similarly allowed service via Facebook or similar Internet message board services, including in Alberta and British Columbia.
January 15, 2014 by Thomson Rogers
On January 14th, a past client of Thomson, Rogers - Stephen Cull, President of CHARTERABILITY.COM, hosted an informational reception at the Toronto Boat Show. In attendance was the right honourable Lt Governor David Onley.
A few years ago Stephen envisioned a "cruise line" for people with disabilities to boat along the beautiful Toronto/Oakville shoreline. He convinced some like minded good natured boating enthusiasts and local volunteers to join the venture and the subsequently...