Library
Listed below are a number of Thomson, Rogers’ periodicals. These publications touch upon a variety of topical and interesting civil law issues. Rulings and legislation are summarized and their potential implications are outlined in easily understandable everyday English.
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Persuasive Presentation of Damages
Posted: July 14, 2010Darcy Merkur presented to the Canadian Caucus at the American Association of Justice conference in Vancouver on July 11, 2010.
A presentation on how to effectively present damage assessments in personal injury claims.
Municipal Conflict of Interest
Municipal Conflict of Interest of Act: Considerations for Trustees
Posted: November 26, 2009This presentation covers:
- Strategies for avoiding conflict of interest
- How to ensure your declaration is properly documented
- What to do if you find you have a conflict
- How do you determine if you have a conflict in a tough case
Considerations for Councillors Regarding the Municipal Conflict of Interest Act
Posted: May 25, 2009The Municipal Conflict of Interest Act (“Act”) places a significant burden and risk upon local representatives. The standard of care in the Act is greater than that placed on elected representatives at the federal and provincial levels. Since its original proclamation in 1972, the Act has been tested in the Courts on numerous occasions. Often, the context for the dispute involves circumstances outside of the Act; the remedies of the Act providing a convenient arsenal for strategic advantage.
Municipal Conflict of Interest and Reputation Management: Considerations for Councillors - Presentation
Posted: May 25, 2009Presentation by: Stephen D'Agostino, Al Burton, and Bob Brent
Recognize potential conflicts of interest, Strategies for dealing with tough potential conflict cases, Understanding libel and slander, Protecting your reputation as well as your seat
Reputation Management in Municipal Politics
Posted: May 25, 2009This paper will explore issues surrounding defamation and reputation management, with a special emphasis on the political arena at the municipal level. We hope to provide the reader with a short introduction to the often complicated area of defamation law – both from the perspective of the
claimant and the defendant – as well as tips on dealing with the media and managing threats to your reputation.
Farm Mutual Financial Services Inc.
Statement of Claim (Directors of Farm Mutual Financial Services Inc.)
Posted: November 13, 2008Statement of Claim against the Directors of Farm Mutual Financial Services Inc.
Statement of Claim (Farm Mutual Financial Services Inc.)
Posted: June 24, 2008Statement of Claim - Farm Mutual Financial Services Inc. Class Action
Farm Mutual Financial Services Inc. Press Release - June 24, 2008
Posted: June 24, 2008On June 24, 2008, Thomson, Rogers issued a multi-million dollar class action lawsuit against Farm Mutual Financial Services Inc. on behalf of all debenture holders in Factorcorp Financial Inc. (“Factorcorp”) who purchased debentures from Farm Mutual Financial Services Inc.
Auto Insurance Legislation
The Anticipated Changes to the Definition of "Catastrophic Impairment" and It's Expected Impact
Posted: September 14, 2012By Darcy Merkur
Presented at the Back to School with Thomson, Rogers and the Canadian Paraplegic Association Ontario conference on September 13, 2012.
How to Succeed before the Financial Services Commission of Ontario: Practice Tips from Mediation to Arbitration - The Insured’s Perspective
Posted: September 23, 2011Presented by L. Craig Brown at the Ontario Trial Lawyers Association's
"FSCO Arbitrations and Accident Benefits: The Nuts and Bolts" seminar on September 27, 2011
Post DAC Comparison Chart
Posted: March 1, 2006Comparison of Old Legislation (DAC System) to New Legislation (Post-DAC System). Effective March 1, 2006
Wireless Telecommunications
Wireless Telecommunications
Posted: May 25, 2009
Mirapex Class Action Library
Mirapex Class Action Update: Recent U.S. Court Punitive Damages Order
Posted: November 26, 2007On November 26, 2007, a U.S. Court allowed various Mirapex claimants to claim punitive damages against the drug manufacturers of the dopamine agonist drug Mirapex. Click here to review a copy of the U.S. Court decisions. At pages 10 through 18 of the decision, the US Court summarizes in great detail the facts relied on by the Mirapex claimants.
Houston Press Article (Mirapex)
Posted: September 15, 2005Overstimulated - How taking a Parkinson's disease wonder drug apparently makes some people want to gamble and have sex all the time.
Gambling Addiction Leads To National Class Action Lawsuit (Mirapex)
Posted: May 10, 2005A national Class Action lawsuit has been launched claiming that people with Parkinson's disease developed a gambling addiction as a result of their use of the drug Mirapex. The plaintiffs, who are represented by the Toronto law firm of Thomson, Rogers, seek millions of dollars in compensation from the drug's Canadian manufacturer, Boehringer Ingelheim (Canada) Ltd., and two American corporations.
Mirapex Class Action Statement of Claim
Posted: May 5, 2005Statement of Claim between Gerard Schick and Boehringer Ingelheim (Canada) Ltd., Boehringer Ingelheim Pharmaceuticals Inc. and Pfizer Inc.
Accident Benefit Reporter
Accident Benefit Reporter Volume 14 Issue 1
Posted: May 1, 2013- Multi-Million Dollar Judgment for Winter Driving Accident
- Incurred Expenses: Defining “Economic Loss” in Light of Simser v. Aviva
- Insurers Keep Trying to Put the Cat Back in the Bag. Don’t Let Them.
- Catastrophic Clarity
Accident Benefit Reporter Updater, Issue 9
Posted: April 5, 2013FSCO Arbitrator Says Insurers Must Not Apply a "Cookie-Cutter" Approach to the Minor Injury Guideline
Accident Benefit Reporter Updater, Issue 8
Posted: April 1, 2013Uncertainties in Accident Benefits Scheme
Complicating Tort Claims
Accident Benefit Reporter Updater, Issue 7
Posted: February 1, 2013Accident Benefit Dispute Process Makes No Sense
Accident Benefit Reporter Updater, Issue 6
Posted: December 4, 2012Lump Sum CPP Disability Benefits
Does the Insurer Get Credit?
Accident Benefit Reporter Volume 13 Issue 2
Posted: October 31, 2012- Family Members Sustain Economic Losses in Providing Attendant Care
- Social Networking Document Disclosure at FSCO
- Insurers Cannot Escape Paying Less Than the Form 1 Rate
Accident Benefit Reporter Updater, Issue 5
Posted: July 9, 2012Cars and Bicycles - The Latest News in Toronto
Accident Benefit Reporter Volume 13, Issue 1
Posted: May 16, 2012- Pedestrians, Cyclists, and the Role of an Impact in Motor Vehicle Insurance Coverage
- Insurer Must Accept AB Application Filed 2 Years After the Accident
- Expert Costs Under Scrutiny
- Trauma Resource Directory
Accident Benefit Reporter Updater, Issue 4
Posted: April 2, 2012Brokers Beware - Failure to properly explain optional benefits gives rise to a breach of duty of care
Accident Benefit Reporter Updater, Issue 3
Posted: March 9, 2012Kusnierz Update: Whole Person Impairment Ratings Confirmed to Include Psychological Injuries
Accident Benefit Reporter Updater, Issue 2
Posted: February 14, 2012Payment of Interim Statutory Accident Benefits ordered after Arbitration hearing adjourned.
Accident Benefit Reporter Updater, Issue 1
Posted: January 2, 2012Sitting in a car or standing on its hood: Did these injuries occur as a direct result of the use or operation of an automobile?
Accident Benefit Reporter Volume 12, Issue 2
Posted: November 2, 2011Planes, Trains and Automobiles
In this issue:
- Snowmobiles and Trailers
- Accident Benefits Entitlement
- Attendant Care Incurred
- Trauma Resource Directory
Accident Benefit Reporter Volume 12, Issue 1
Posted: May 11, 2011- A "Catastrophic" Upheaval
- Cyclists and Access to Accident Benefits: the Path toward Payments
- The Use or Operation of an "Automobile"
- Celebrate Our 75th Anniversary... After all, Your Stories are a Big Part of it
Accident Benefit Reporter - Special Thomson, Rogers Update
Posted: October 28, 2010The Government’s Auto Insurance Changes - What You Need to Know
• As you know the Provincial Government has passed Legislation which will drastically reduce the benefits that people will be entitled to recover if involved in a car accident on or after September 1, 2010. From our perspective we would be remiss as a Personal Injury Law Firm if we did not remind our friends and clients to take the necessary steps to protect themselves and their families by encouraging them to review their car insurance coverage in light of the legislative changes.
Accident Benefit Reporter Volume 11, Issue 1
Posted: May 14, 2010- Incurred Expenses – A New Challenge for Accident Victims
- Statutory Accident Benefits Schedule Summary
- Summary of Top 20 SABS Process Changes
- Thomson, Rogers Conferences
Accident Benefit Reporter Volume 10, Issue 2
Posted: November 1, 2009- "Special Survivors Edition"
- Making a Difference in Home Health Care
- Repairing the Catastrophic Impairment GCS Test
- Vehicle Modification And Purchase
- About Attendant Care: With Martha Binstock
Accident Benefit Reporter - Volume 10, Issue 1
Posted: May 1, 2009- “Moving Expenses” May Be Recoverable Under Section 15
- Slaying The Section 42 Dragon
- The Role of the Litigation Guardian
Accident Benefit Reporter Vol. 9 Issue 2
Posted: November 1, 2008- Duty of Utmost Good Faith
- Class Actions 101
- Overhaul of Ontario’s Human Rights Complaint System
- About Attendant Care
Accident Benefit Reporter Vol. 9 Issue 1
Posted: April 1, 2008- From a 1% Whole Person Impairment CAT DAC to a 79% Whole Person Impairment at Arbitration
- Court Comes to the Aid of Injured Parents and Other Caregivers
- Divorce (Family Law) and Accident Benefits
Accident Benefit Reporter Vol. 8 Issue 2
Posted: September 1, 2007In this issue:
- “Directly Causes”
- When Health Care Professionals Make Mistakes
- Damage Assessment Software
- Assessing Attendant Care Using The Form 1
Accident Benefit Reporter Vol. 8 Issue 1
Posted: February 1, 2007- The Three Faces of The "Any Occ" Test
- Preparation of Care Cost Evidence for Trial
- Motions for Interim Benefits – The New DAC?
Accident Benefit Reporter Vol. 7 Issue 1
Posted: June 1, 2006- Celebrating Leadership in Litigation for 70 Years
- Changes to the Unfair and Deceptive Acts and Practices Regulation
- Ont. Reg 546/05 Key Changes to the Statutory Accident Benefits Schedule
Accident Benefit Reporter Vol. 6 Issue 3
Posted: September 1, 2005- Eliminating DACs
- Child Booster Seats Now Required by Law
- Attendant Care Benefits Under Bill 198: Who, What, When, Where, Why and How
- Education and Income Benefits for Children
- Emergency Medical Leave: What A Parent Should Know
Accident Benefit Reporter Vol. 6 Issue 2
Posted: April 1, 2005- The Need to Reform Auto Insurance
- Think Your Client is Not "Catastrophically Impaired"? - Think Again
- Home Modifications
- Am I Fired?: Constructive Dismissal and Disabled Employees
- Bill 59 – Bill 198 Comparisons
Accident Benefit Reporter Vol. 6 Issue 1
Posted: September 1, 2004- Customized Insurance
- Expert Assessor Network
- Auto Insurance Reform Needed
- Bill 59 – Bill 198 Comparisons
- Current Issues in Catastrophic Impairment
- Tort and Accident Benefit Claims
- Resolving Claims Involving Substitute Decision Makers
- Avoid the Delay
- Employment Law Issues for Disabled Employees
Accident Benefit Reporter Vol. 5 Issue 4
Posted: September 1, 2003- Changes to Ontario Auto Insurance
- Overview Of Regulatory Changes
- Changes to The Definition of "Catastrophic Impairment"
- Regulatory Changes The Claim Against The At-Fault Driver (The Tort Claim)
Accident Benefit Reporter Vol. 5 Issue 3
Posted: March 1, 2003
Accident Benefit Reporter Vol. 5 Issue 2
Posted: September 1, 2002- Proposed Changes to Catastrophic Definition
- Access to Treatment and the Treatment Plan Process.
- DACs and Section 24 Assessments
- The Right to Sue for Health Care Expenses and the $15,000 Deductible
Accident Benefit Reporter Vol. 5 Issue 1
Posted: July 1, 2002
Accident Benefit Reporter Vol. 4 Issue 4
Posted: April 1, 2002In this issue:
- Significant Legal Decisions – Year 2001 in Review
Accident Benefit Reporter Vol. 4 Issue 3
Posted: December 1, 2001- Holiday Greetings
- Consultation Paper Submission to the Government
- BILL 59 Rehabilitation Funding Decision Models. Can we do better?
- The Ontario Neurotrauma Foundation
Accident Benefit Reporter Vol. 4 Issue 2
Posted: September 1, 2001- Rehabilitation for Burn Victims
- Recent Decision Provides Expanded Entitlements for Non-Catastrophic Injuries
- Ontario Neurotrauma Foundation Update - ABI Best Practices
- Coping with Bill 59 Workshop - Eastern Ontario
- Treatment Plan Survey
Accident Benefit Reporter Vol. 4 Issue 1
Posted: June 1, 2001- June is Brain Injury Awareness Month
- Treatment Plan Survey
- New Developments in the Diagnosis and Treatment of Mild to Moderate Brain Injury.
- Preparing for Court
Accident Benefit Reporter Vol. 3 Issue 4
Posted: March 1, 2001- Significant Legal Decisions – Year 2000 in Review
Expropriation Process
It's better to settle than to expropriate: Experts
Posted: May 28, 2009Toronto Sun Article by Bryn Weese
Published on May 5, 2009
According to city officials and legal authorities, it's always better to buy property in a negotiated settlement with a willing seller, than to take it
away by force.
Expropriations The Taking of Land
Posted: May 25, 2009By Jeff Wilker
Published in the Land Use Reporter, a Thomson, Rogers Publication
December 2005
Municipalities often require the acquisition of private property in order to construct public works. Examples of these acquisitions include road widenings and sites for municipal wells and landfills. At times it is necessary for the municipality to acquire the land without the consent of the property owner through an expropriation.
Permax Class Action Library
Mirapex Class Action Update: Recent U.S. Court Punitive Damages Order
Posted: November 26, 2007On November 26, 2007, a U.S. Court allowed various Mirapex claimants to claim punitive damages against the drug manufacturers of the dopamine agonist drug Mirapex. Click here to review a copy of the U.S. Court decisions. At pages 10 through 18 of the decision, the US Court summarizes in great detail the facts relied on by the Mirapex claimants.
Houston Press Article (Mirapex)
Posted: September 15, 2005Overstimulated - How taking a Parkinson's disease wonder drug apparently makes some people want to gamble and have sex all the time.
Globe and Mail Article (Permax)
Posted: July 23, 2005A second lawsuit has been filed in Ontario that alleges a connection between gambling and a popular drug to treat Parkinson's disease.
Eli Lilly Canada Inc. of Toronto said it received a statement of claim that alleges its Permax drug causes "compulsive, obsessive behaviour, including pathological gambling."
Gambling Addiction Leads to National Class Action Lawsuit (Permax)
Posted: July 22, 2005A national Class Action lawsuit has been launched claiming that people with Parkinson’s disease developed a gambling addiction as a result of their use of the drug Permax. The Plaintiffs, who are represented by the Toronto law firm of Thomson, Rogers, seek millions of dollars in compensation.
Toronto Star Article (Permax)
Posted: July 22, 2005Draxis Health Inc. is facing a lawsuit alleging that a drug it distributed in Canada (Permax) causes obsessive behaviour, including "pathological" gambling.
Permax Class Action Statement of Claim
Posted: July 21, 2005Statement of Claim between Swapan Banerjee and Shire Biochem Inc., Draxis Health Inc., Eli Lilly Canada Inc., and Eli Lilly & Company
Personal Injury Library
The Anticipated Changes to the Definition of "Catastrophic Impairment" and It's Expected Impact
Posted: September 14, 2012By Darcy Merkur
Presented at the Back to School with Thomson, Rogers and the Canadian Paraplegic Association Ontario conference on September 13, 2012.
Paediatric Catastrophic Impairment - Passing the Test
Posted: September 23, 2011Presented at the Back to School with Thomson, Rogers conference on September 8, 2011.
Future Care Cost Reports for Children and Young Adults - The Use of Pediatric Life Care Plans Prior to Trial and Beyond
Posted: September 23, 2011By L. Craig Brown and Stacey L. Stevens
Presented at the Back to School with Thomson, Rogers conference on September 8, 2011.
How to Succeed before the Financial Services Commission of Ontario: Practice Tips from Mediation to Arbitration - The Insured’s Perspective
Posted: September 23, 2011Presented by L. Craig Brown at the Ontario Trial Lawyers Association's
"FSCO Arbitrations and Accident Benefits: The Nuts and Bolts" seminar on September 27, 2011
UPDATE – The Expert Panel’s Report to the Superintendent on Catastrophic Impairment
Posted: September 22, 2011Presented at the Back to School with Thomson, Rogers conference on September 8, 2011.
Newborn Neurological Injury and Litigation: Medical Legal Challenges to Causation
Posted: July 25, 2011Presented at the SickKids Brain Injury in Children conference on July 12, 2011.
The Court's Approach to Evaluating Future Care
Posted: September 28, 2010Presented at the Canadian Defence Lawyers General Meeting - June 3 - 4, 2010.
Birth Trauma and the Duty of Care
Posted: April 27, 2010Presented at the OTLA 2010 Spring Conference on May 27 & 28, 2010 in Toronto
Ontario Proposed Auto Insurance Reforms (2010)
Posted: January 12, 2010Richard Halpern and Darcy Merkur provide an update on Ontario's Proposed Auto Insurance Reforms (2010).
Ontario Cuts Auto Insurance Costs by Reducing Coverage
Posted: December 18, 2009Most car owners will have reduced basic auto insurance coverage and, as a result, many seriously injured car accident victims will end up with access to significantly diluted protection.
Preserving Access to Justice: Resisting the Push to Restrict Tort Rights
Posted: November 13, 2009This paper examines the case for and against tort restrictions in the context of automobile insurance claims. It will also suggest that there are better ways to approach auto insurance reform than those adopted in Ontario and the Atlantic Provinces.
Accident Benefit Reporter Volume 10, Issue 2
Posted: November 1, 2009- "Special Survivors Edition"
- Making a Difference in Home Health Care
- Repairing the Catastrophic Impairment GCS Test
- Vehicle Modification And Purchase
- About Attendant Care: With Martha Binstock
Is Mary Carter dead or just wounded?
Posted: October 30, 2009The Ontario Court of Appeal has taken away what it calls the plaintiff's "double recovery".
Expert Witnesses New Duties
Posted: October 29, 2009As of January 1, 2010 the new ‘Duty of Expert’ rule (Rule 4.1) is aimed at educating experts about their prevailing duty of objectivity—a duty known and understood by lawyers and judges but not necessarily by experts.
The Rights of a Disabled / Brain Injured Person Returning to Work
Posted: October 29, 2009The Ontario Human Rights Code prohibits discrimination against employees on the basis of an acquired brain injury / disability.
When is a request for insurance exam 'reasonably necessary'?
Posted: October 19, 2009Law Times by Julius Melnitzer
Getting insurance claimants to submit to a medical exam has become harder due to a recent decision by the Financial Services Commission of Ontario.
Employment Issues in a Disability Context
Posted: May 28, 2009Presented at Osgoode Hall Law School Professional Development CLE - Managing and Litigating Motor Vehicle Accident Claims on April 23, 2009 in Toronto.
Admission of Accident Reconstruction at Trial: Winning Strategies and Tactics
Posted: May 28, 2009
Accident Benefit Reporter - Volume 10, Issue 1
Posted: May 1, 2009- “Moving Expenses” May Be Recoverable Under Section 15
- Slaying The Section 42 Dragon
- The Role of the Litigation Guardian
Catastrophic Impairment: Recent Court and Arbitral Decisions
Posted: February 28, 2009CAT Law Update - Catastrophic Impairment: Recent Court and Arbitral Decisions, presented at North York Rehabilitation Centre on February 28, 2009
Future Care Costs
Posted: February 27, 2009PowerPoint Presentation (Converted to PDF) Presented at the Insight Seminar on February 24, 2009.
Future Care Costs: Accompanying paper
Posted: February 27, 2009Accompanying future care costs conference paper presented at the Insight Seminar on February 24, 2009.
Michael Bennett
Adrienne Kirsh
David Macdonald
Research completed by: Adam Halioua
Personal Injury Information Kit
Posted: January 14, 2009Personal Injury Information Kit - As of September 2010
Auto Insurance: Restoring the Balance
Posted: January 13, 2009Claims Canada, October/November 2008
>> Read more
Legal, Ethical and Practice-Based Implications
Posted: December 16, 2008The Roles and Responsibilities of Private Rehabilitation Case Managers and Occupational Therapists in Hospital.
What You Should Know When You Have Been Injured in a Motor Vehicle Accident
Posted: November 6, 2008This document provides current information about obtaining assistance to meet your needs through insurance benefits and other compensation following a motor vehicle accident in Ontario.
Effective September 1, 2010
Steps to Take After a Motor Vehicle Accident
Lessons from the Indian Residential Schools Tragedy
Posted: November 5, 2008L. Craig Brown, "Lessons from the Indian Residential Schools Tragedy", presented to the Litigation Department of WeirFoulds LLP on November 5, 2008.
Accident Benefit Reporter Vol. 9 Issue 2
Posted: November 1, 2008- Duty of Utmost Good Faith
- Class Actions 101
- Overhaul of Ontario’s Human Rights Complaint System
- About Attendant Care
Ontario Injury Compass Alert - July 2008 - Vol. 5, Issue 7
Posted: August 5, 2008On average, more than 15 people each day are seen in Ontario emergency departments for injuries related to all-terrain vehicles. More than one person is hospitalized each day for an ATV injury; males 15-19 are most commonly injured.
Ontario Injury Compass Alert - June 2008 - Vol. 5, Issue 6
Posted: July 3, 2008Ontario Injury Compass, an analysis of injury issues in Ontario. With support from the Ontario Public Health Association and the Government of Ontario, the Ontario Injury Prevention Resource Centre at SMARTRISK produces a series of monthly E-reports on specific injury issues. This particular issue discusses boating related injuries.
"Automobile Insurance Review Faces Rough Road"
Posted: May 1, 2008
"Consumer Groups Call for Changes to Insurance Rules; Say Firms Profiting on the Backs of Consumers"
Posted: April 30, 2008
Insurer-Funded Medical, Rehabilitation and Attendant Care Services for Brain Injury Survivors while in Hospital
Posted: April 24, 2008Presented to Hamilton Health Sciences Centre’s Acquired Brain Injury Program Slow to Recover Team.
Accident Benefit Reporter Vol. 9 Issue 1
Posted: April 1, 2008- From a 1% Whole Person Impairment CAT DAC to a 79% Whole Person Impairment at Arbitration
- Court Comes to the Aid of Injured Parents and Other Caregivers
- Divorce (Family Law) and Accident Benefits
"Walker's slip-and-fall a lawyer's pick-me-up"
Posted: February 27, 2008Richard Halpern, OTLA President and senior partner with Thomson, Rogers, along with Stacey Stevens one of our associates, lent their legal expertise to Mr. Kirk Makin Justice Reporter for the Globe & Mail. Writing an article dealing with winter weather and municipal liability, Mr. Makin expressed interest in whether or not the City had any responsibility should someone get hurt because of ice on City sidewalks or snowy roads.
Spreadsheet Software Makes Settlement Calculations a Snap
Posted: February 4, 2008The Lawyers Weekly: Article by Darcy Merkur about The Personal Injury Damages Calculator
Changes to Ontario Auto Insurance - Bill 198 and other changes affecting Brain Injury Survivors
Posted: October 22, 2007David F. MacDonald, Changes to Ontario Auto Insurance - Bill 198 and other changes affecting Brain Injury Survivors, presented at Hamilton Health Sciences Centre on October 22, 2003
Arbitration Order Re DAC Assessment
Posted: October 4, 2007Winning Personal Injury Cases
Accessing First and Third Party Funding
Posted: September 17, 2007David F. MacDonald, Accessing First and Third Party Funding for In-Hospital Medical, Rehabilitation and Attendant Care Needs for Severely Injured Adults and Children, September 2007
Accessing First and Third Party Funding for In-Hospital Medical, Rehabilitation and Attendant Care Needs
Posted: September 17, 2007David F. MacDonald, Accessing First and Third Party Funding for In-Hospital Medical, Rehabilitation and Attendant Care Needs for Severely Injured Adults and Children, presented the “Litigating Catastrophic disability and Damages” Insight Seminar on September 17, 18, 2007
Using Cutting Edge Technology Applications to Effectively Analyze and Present Your Claim
Posted: September 1, 2007Darcy R. Merkur, Using Cutting Edge Technology Applications to Effectively Analyze and Present Your Claim, presented at the Canadian Institute - Motor Vehicle Accident Litigation Conference, fall 2007
Assessing and Paying Attendant Care: Assessors’ and Insures’ Responsibilities
Posted: June 26, 2007David F. MacDonald, Defining, Assessing and Paying Attendant Care: Assessors’ and Insures’ Responsibilities, presented at NRIO Breakfast Seminar on June 26, 2007
Toronto Star, "Road Racing Toll Extends to Finances"
Posted: June 23, 2007Toronto Star, "Road Racing Toll Extends to Finances", June 23, 2007
When Tigers Attack
Posted: June 15, 2007Alan A. Farrer, L. Craig Brown, When Tigers Attack, presented at the Ontario Trial Lawyers Association on June 15, 2007
Mary Carter Meets the Jury 2
Posted: May 26, 2007L. Craig Brown, Mary Carter Meets the Jury 2, May 26, 2007
Assessment and Treatment in SABS Insurance Claims
Posted: May 14, 2007Stacey L. Stevens, Catherine Korte and Kim Lamont, Solutions for Assisting Injured Persons - Assessment and Treatment in SABS Insurance Claims, presented at the Life after DACs II Workshop - Cobourg on May 14, 2007.
Mary Carter Meets the Jury
Posted: May 2, 2007L. Craig Brown, Mary Carter Meets the Jury, May 2, 2007
Jury Questions in Complex Cases
Posted: May 2, 2007L. Craig Brown, Jury Questions in Complex Cases, May 2, 2007
Law Times, "Criteria for Interim Relief Still a Bit Fuzzy"
Posted: April 23, 2007Law Times, “Criteria for Interim Relief Still a Bit Fuzzy”, April 23, 2007
Pre-Claim Examinations
Posted: March 23, 2007Leonard H. Kunka, Pre-Claim Examinations, presented at Hamilton Health Sciences Centre on March 23, 2007
Life After DACs: Pre-Claim Examinations
Posted: February 22, 2007David F. MacDonald, Pre-Claim Examinations, presented at the Life after DACs II Workshop - Toronto on February 22, 2007
Life after DACs II – Assessment and Treatment
Posted: February 22, 2007Leonard H. Kunka, Patricia J. Howell and George Lytwyn, Life after DACs II – Assessment and Treatment, presented at the Life after DACs II Workshop - Toronto on February 22, 2007
Public and Private Partnerships for Client-Centred Care
Posted: February 13, 2007David F. MacDonald, Sloan H. Mandel, Michael L. Bennett, Debbie Devlin, Susan Fraser and Victoria Gibbins-Verdurmen, Public and Private Partnerships for Client-Centred Care: Auto Insurer Funding for the Delivery of Private Rehabilitation and Attendant Care in and out of Hospital, presented at Credit Valley Rehab Centre on February 13, 2007
Accessing Third Party Funding for Services Provided in Hospital
Posted: December 20, 2006David F. MacDonald, Accessing Third Party Funding for Services Provided in Hospital, presented at Credit Valley Trauma on December 20, 2006
Cowles v. Balac, 2006 CanLII 41806 (ON C.A.)
Posted: December 15, 2006Cowles v. Balac, 2006 CanLII 41806 (ON C.A.), December 15, 2006
Meeting Patient’s Needs Approaching Discharge
Posted: November 2, 2006David F. MacDonald, Richard C. Halpern and Sloan H. Mandel, Meeting Patient’s Needs Approaching Discharge, presented at the Hospital for Sick Children on November 2, 2006
Dealing with Insurers in a Post-DAC World - What the Past 240 Days Have Taught Us
Posted: October 26, 2006David A. Payne, David R. Tenszen, Dealing with Insurers in a Post-DAC World - What the Past 240 Days Have Taught Us, presented at the Brain Injury Association Niagara on October 26, 2006.
Cowles v. Balac, 2006 CanLII 34916 (ON C.A.)
Posted: October 19, 2006Cowles v. Balac, 2006 CanLII 34916 (ON C.A.), October 19, 2006
Defining, Assessing and Paying Attendant Care Assessors and Insurers Responsibilities
Posted: September 29, 2006David F. MacDonald, Defining, Assessing and Paying Attendant Care Assessors and Insurers Responsibilities, presented to the Ontario Society of Occupational Therapists on September 29, 2006
Lytle v. Toronto (City), 2006 CanLII 33300 (ON C.A.)
Posted: September 27, 2006Lytle v. Toronto (City), 2006 CanLII 33300 (ON C.A.), September 27, 2006
Rehabilitation Support Worker and Attendant Care - Documentation View
Posted: September 27, 2006David F. MacDonald, Rehabilitation Support Worker and Attendant Care - Documentation, presented to LAWLOR on September 27, 2006
Resch v. Canadian Tire Corporation, 2006 CanLII 24128 (ON S.C.)
Posted: July 18, 2006Resch v. Canadian Tire Corporation, 2006 CanLII 24128 (ON S.C.), July 18, 2006
Surviving the Post-DAC World
Posted: July 18, 2006Leonard H. Kunka and David R. Neill, Surviving the Post-DAC World, presented at the Brain Injury Association of Quinte District on July 18, 2006
New Motor Vehicle Regulations
Posted: May 24, 2006David F. MacDonald and Leonard H. Kunka and Patricia Howell, New Motor Vehicle Regulations, presented at Bridgepoint Health on May 24, 2006
Solutions for Injured Children and Their Families under the New Motor Vehicle Regulations
Posted: May 3, 2006David F. MacDonald, Leonard H. Kunka, Sloan H. Mandel and Patricia Howell, Solutions for Injured Children and Their Families under the New Motor Vehicle Regulations, presented at the Hospital for Sick Children on May 3, 2006
Resch v. Canadian Tire Corporation, 2006 CanLII 11930 (ON S.C.)
Posted: April 13, 2006Resch v. Canadian Tire Corporation, 2006 CanLII 11930 (ON S.C.), April 13, 2006
Resch v. Canadian Tire Corporation, 2006 CanLII 11444 (ON S.C.)
Posted: April 11, 2006Resch v. Canadian Tire Corporation, 2006 CanLII 11444 (ON S.C.), April 11, 2006
Solutions for Assisting Injured Persons under the New Regulations
Posted: March 31, 2006Leonard H. Kunka and Michael G. Holden, Solutions for Assisting Injured Persons under the New Regulations, presented at St. Michael’s Hospital on March 31, 2006
Pre-Claim Examinations s. 32.1
Posted: March 9, 2006Leonard H. Kunka, Pre-Claim Examinations s. 32.1, presented at Hamilton Health Sciences Centre on March 9, 2006
Practice Approaches to the March 1/06 SAB Changes: Lawyer's Perspective
Posted: March 3, 2006David F. MacDonald, Practice Approaches to the March 1/06 SAB Changes: Lawyer’s Perspective, presented at the Four Counties Brain Injury Association on March 03, 2006
The March 1 2006 Changes: Approaches to Assessment, Treatment and Attendant Care
Posted: February 28, 2006David F. MacDonald and Anna Greenblatt, The March 1 2006 Changes: Approaches to Assessment, Treatment and Attendant Care, presented at Interaction on February 28, 2006
Avoid The Delay! Decisions under Section 279(4.1) of the Insurance Act: How to obtain Benefits on an Urgent Basis
Posted: February 27, 2006David A. Payne, Avoid The Delay! Decisions under Section 279(4.1) of the Insurance Act: How to obtain Benefits on an Urgent Basis, presented to the Chronic Pain Management Unit at Hamilton Health Sciences Corporation on February 27, 2006
Giordano v. Royal Sun Alliance
Posted: February 21, 2006Giordano v. Royal Sun Alliance - Decision on a Preliminary Issue
Life after DACs Conference - Working for Adults and Children with Brain Injury within the New Post-DAC System
Posted: February 6, 2006Leonard H. Kunka, Life after DACs Conference - Working for Adults and Children with Brain Injury within the New Post-DAC System, presented at Toronto Rehabilitation Institute on February 6, 2006
Accident Benefits for Spinal Cord and Severely Brain Injured Clients/Patients
Posted: July 28, 2005David F. MacDonald, David R. Neill and Leonard H. Kunka, Accident Benefits for Spinal Cord and Severely Brain Injured Clients/Patients, presented at Hamilton General Hospital on July 28, 2005
Accident Benefits & Spinal Cord Injuries under Bill 198
Posted: June 23, 2005David F. MacDonald, Wendy Moore Mandel and David A. Payne, Accident Benefits & Spinal Cord Injuries under Bill 198, presented at Lyndhurst on June 23, 2005
Cowles v. Balac, 2005 CanLII 2038 (ON S.C.)
Posted: January 27, 2005Cowles v. Balac, 2005 CanLII 2038 (ON S.C.), January 27, 2005
Cowles v. Balac Judgement
Posted: January 22, 2005Cowles v. Balac Judgement, January 22, 2005
Cowles v. Balac, 2004 CanLII 42936 (ON S.C.)
Posted: November 19, 2004Cowles v. Balac, 2004 CanLII 42936 (ON S.C.), November 19, 2004
Paediatric Head Injury Claims: Litigate or Settle
Posted: November 15, 2004David F. MacDonald, "Client, Family and Treating Healthcare Professional Concerns”, Paediatric Head Injury Claims: Litigate or Settle, Ontario Bar Association 2004
Thomson, Rogers on Bill 198 for Acute Care Patients
Posted: November 11, 2004David F. MacDonald and Leonard H. Kunka, Thomson, Rogers on Bill 198 for Acute Care Patients, presented at Hamilton Health Sciences Centre on November 11, 2004
Cowles v. Balac, 2004 CanLII 35085 (ON S.C.)
Posted: November 4, 2004Cowles v. Balac, 2004 CanLII 35085 (ON S.C.), November 4, 2004
Cowles v. Balac, 2004 CanLII 35084 (ON S.C.)
Posted: November 4, 2004Cowles v. Balac, 2004 CanLII 35084 (ON S.C.), November 4, 2004
Customized Auto Insurance
Posted: September 1, 2004Leonard H. Kunka, Customized Auto Insurance, presented at St. Michael’s Workshop on September 2004
Lytle v. Toronto (City), 2004 CanLII 12155 (ON S.C.)
Posted: April 15, 2004Lytle v. Toronto (City), 2004 CanLII 12155 (ON S.C.)
Developing the Bad Faith Claim against the First Party Auto Insurer
Posted: April 2, 2004David A. Payne, Developing the Bad Faith Claim against the First Party Auto Insurer, presented at the Ontario Trial Lawyer’s Association on April 2, 2004
Ensuring a Smooth Transition from Hospital to Home
Posted: March 1, 2004Leonard H. Kunka and Patricia J. Howell, Ensuring a Smooth Transition from Hospital to Home, presented at Toronto Rehabilitation Institute on March 2004
Ontario Auto Insurance Bill 198 and Other Changes – What the Health Care Professionals Need to Know
Posted: February 17, 2004Leonard H. Kunka and David A. Payne, Ontario Auto Insurance Bill 198 and Other Changes – What the Health Care Professionals Need to Know, presented on February 17, 2004
Tanya Beatty and Damian J. May, Community Treatment Order
Posted: February 16, 2004Leonard H. Kunka, Tanya Beatty and Damian J. May, Community Treatment Order, presented at Bloorview MacMillan on February 16, 2004
Social Host Liability
Posted: December 1, 2003L. Craig Brown, Social Host Liability, December 1, 2003
Changes to Auto Insurance - Bill 198
Posted: October 3, 2003David A. Payne, L. Craig Brown and David R. Tenszen, Changes to Auto Insurance - Bill 198, presented at the Ontario Association of Disability Assessors on October 3, 2003
Bill 198: What the Health Care Professional Needs to Know
Posted: September 15, 2003David F. MacDonald, Wendy Moore Mandel and Sloan H. Mandel, Bill 198: What the Health Care Professional Needs to Know, presented at Sunnybrook Health Sciences Centre on September 15, 2003
Proving and Costing Chronic Pain
Posted: June 12, 2003David F. MacDonald, Proving and Costing Chronic Pain, presented to the Canadian Society of Medical Evaluators on June 12, 2003
Nursing Documentation Standards Revised 2002
Posted: June 1, 2003Leonard H. Kunka, Nursing Documentation Standards Revised 2002, presented at the College of Nurses of Ontario on June 2003
Bill 198 and the New SABS
Posted: May 12, 2003Leonard H. Kunka, Bill 198 and the New SABS, presented at Toronto Rehabilitation Hospital on May 12, 2003
Adapting to the Changes in the Acute Care Setting
Posted: March 21, 2003David F. MacDonald, David R. Neill and Michael L. Bennett, Adapting to the Changes in the Acute Care Setting, presented at Hamilton Health Sciences Centre on March 21, 2003
Bill 198 and the New SABS - Adapting to the Changes in the Rehabilitation Setting
Posted: February 21, 2003Leonard H. Kunka, Bill 198 and the New SABS - Adapting to the Changes in the Rehabilitation Setting, presented at the Opening Community Doors Conference on February 21, 2003
DACs: Maximizing Quality and Value - Significant Legal and Arbitration Decisions
Posted: January 1, 2003David F. MacDonald, DACs: Maximizing Quality and Value - Significant Legal and Arbitration Decisions, presented at the Association of Designated Assessment Centres on January, 2003
Bill 59 and Bill 198 - How Can we Use the Automobile Legislation to Support Accident Victims
Posted: December 2, 2002David F. MacDonald and Wendy Moore Mandel, Bill 59 and Bill 198 - How Can We Use the Automobile Legislation to Support Accident Victims, presented at Lyndhurst on December 2, 2002
Meeting the needs of the 21st Century Client
Posted: November 29, 2002David F. MacDonald, Meeting the needs of the 21st Century Client, presented to the Canadian Society of Medical Evaluators on November 29, 2002
Recent Developments in the 'Thin Skull' Rule: Medical and Legal Implications for TBI Survivors with Pre-Trauma Impairments
Posted: November 21, 2002David F. MacDonald and Chanth Seyone, Recent Developments in the 'Thin Skull' Rule: Medical and Legal Implications for TBI Survivors with Pre-Trauma Impairments, presented at the Toronto ABI Network Conference - Traveling Together: Navigating the System to Achieve Success after Brain Injury on November 21-22, 2002
Bill 59 in Plain Language
Posted: May 10, 2002David F. MacDonald, Bill 59 in Plain Language, presented at the Brain Injury Association of the Ottawa Valley Conference on May 10, 2002
Documentary Production in a Bad Faith Action
Posted: April 5, 2002David A. Payne, Documentary Production in a Bad Faith Action, presented at the Ontario Trial Lawyer’s Association on April 5, 2002
Bill 59: Seamless Rehabilitation from Hospital to Home
Posted: January 25, 2002Leonard H. Kunka and Anna Greenblatt, Bill 59: New Solutions to an Old Puzzle - Seamless Rehabilitation - Hospital to Home, presented at Riverdale Hospital on January 25, 2002
Bill 59: New Solutions to an Old Puzzle
Posted: January 25, 2002David F. MacDonald, Leonard H. Kunka and Wendy Moore Mandel, Bill 59: New Solutions to an Old Puzzle, presented at the Riverdale Hospital on January 25, 2002
Port of Newcastle Residents Class Action Library
Port of Newcastle Class Action Certification Decision
Posted: December 15, 2008On December 15, 2008 the Honourable Mr. Justice Perell of the Ontario Superior Court of Justice certified a class action in this matter.
Port of Newcastle Residents - Statement of Claim
Posted: December 18, 2007Thomson, Rogers has issued a Class Action lawsuit on behalf of homeowners within the Port of Newcastle subdivision, in Newcastle, Ontario, who allege to have been mislead by the subdivision developers, lead by the Kaitlin Group Ltd.
Medical Malpractice Library
Newborn Neurological Injury and Litigation: Medical Legal Challenges to Causation
Posted: July 25, 2011Presented at the SickKids Brain Injury in Children conference on July 12, 2011.
Timing of Asphyxial Injury and Birth Trauma
Posted: October 1, 2009Obstetric Malpractice cases involving asphyxiated newborns present unique challenges to Plaintiffs’ counsel. Standard of care experts will review the intrapartum clinical information to determine the time that delivery should have taken place in the absence of a breach of the standard of care.
Spreadsheet Software Makes Settlement Calculations a Snap
Posted: February 4, 2009The Lawyers Weekly: Article by Darcy Merkur about The Personal Injury Damages Calculator
Jury Questions in Complex Cases
Posted: March 30, 2007Stacey L. Stevens, L. Craig Brown, Jury Questions in Complex Cases, presented March 30, 2007
Class Action Library
Certification Not the Holy Grail Anymore
Posted: May 8, 2009The certification stage in class action lawsuits has traditionally been considered the Holy Grail, signaling to successful plaintiffs that a settlement is probably just around the corner. But now, an increasing number of defendants aren’t rolling over at that point — instead they’re pushing cases towards trial.
Farm Mutual Financial Services Inc. - Reasons for Certification Decision
Posted: March 16, 2009Reasons for Certification Decision - March 16, 2009
Robert Zopf, a proposed representative plaintiff, brings this motion for certification of a class action against Soberman Tessis Inc., Trustee in Bankruptcy for the Estate of the Bankrupt Farm Mutual Services Inc.
Farm Mutual Financial Services Inc. - Order Certification
Posted: March 16, 2009Order Certification - March 16, 2009
This motion, made by the Plaintiff for an order that this action be certified as a class proceeding pursuant to the Class Proceedings Act, 1992, S.O. 1992, c. 6, was heard on March 6th & 16th, 2009.
Farm Mutual Financial Services Inc. - Order Lifting Stay
Posted: December 2, 2008On November 24, 2008, the Court lifted the 'stay' of our claim against the bankrupt, Farm Mutual Financial Services Inc. Accordingly, our claim may now proceed.
Jury Questions in Complex Cases
Posted: March 30, 2007Stacey L. Stevens, L. Craig Brown, Jury Questions in Complex Cases, presented March 30, 2007
Strategies for Success in Class Actions
Posted: February 19, 2007L. Craig Brown, Strategies for Success in Class Actions, February 19, 2007
Baxter v. Canada (Attorney General), 2006 CanLII 41673 (ON S.C.)
Posted: December 15, 2006Baxter v. Canada (Attorney General), 2006 CanLII 41673 (ON S.C.), December 15, 2006
The plaintiffs bring this motion, on consent, for a certification of the action as a class proceeding and approval of a proposed settlement including payment of class counsel fees. The action relates to claims arising throughout Canada as a result of the existence and operation of institutions known collectively as "Indian Residential Schools" ("IRS").
Baxter v. Canada (Attorney General), 2005 CanLII 18717 (ON S.C.)
Posted: May 30, 2005Baxter v. Canada (Attorney General), 2005 CanLII 18717 (ON S.C.), May 30, 2005
This is a motion in writing regarding the order of procedure in an intended class proceeding brought against the Attorney General of Canada on behalf of a class of aboriginal persons who attended residential schools in Canada from January 1, 1920 to December 31, 1996. The plaintiffs, defendant and third parties were directed to file written submissions regarding their respective positions on the sequencing of motions, including the certification motion.
Education Library
Technology Changes: ‘Sticks and Stones’ Revisited in the Internet Age
Posted: November 1, 2007Robert H. Brent, Technology Changes: ‘Sticks and Stones’ Revisited in the Internet Age, presented at the Ontario School Boards’ Insurance Exchange - Risk Management Seminar on November 1, 2007
Appeal Court Voices Concerns Over Guns in Schools
Posted: October 1, 2007In October’s Ontario Bar Association Education Law Section Newsletter, Robert H. Brent of Thomson, Rogers writes about a recent decision by the Ontario Court of Appeal regarding guns in schools.
Ontario Act Amendments Target Cyber-Bullies Beyond the Schoolyard
Posted: May 1, 2007Robert H. Brent, Ontario Education Act Amendments Target Cyber-Bullies beyond the Schoolyard, May 2007
Negligence and Liability Concerns for Schools - Hear No Evil, See No Evil, Speak No Evil
Posted: February 26, 2007Robert H. Brent, Negligence and Liability Concerns for Schools - Hear No Evil, See No Evil, Speak No Evil, presented at the Osgoode Professional Development - The Complete Guide to School Law for K-12 Education Professionals on February 26, 2007
Safety and Security in Schools: Update on the Safe Schools Act - Beyond Zero Tolerance?
Posted: February 5, 2007Robert H. Brent, Safety and Security in Schools: Update on the Safe Schools Act - Beyond Zero Tolerance? OBA Institute of Continuing Legal Education, February 5, 2007
