Personal Injury Library
Despite OSOT's acknowledgement that attendant care can be provided remotely, there has been no authoritative jurisprudence on the subject until the recent decision of the Ontario Superior Court of Justice in the case of Shawnoo v. Certas Direct Insurance Company, 2014 ONSC 7014.
When it comes to legal costs, the proportionality concept is a welcome feature in civil litigation but it can serve to penalize personal injury plaintiffs with modest claims.
By: Robert M. Ben
Published in The Litigator, April 2014
Municipal and provincial road authorities have a general duty of care to maintain their road systems in good repair so as to protect ordinary users of the highways, exercising reasonable care for their safety, from unreasonable risks of harm, including personal injury.
Up-to-Date Review of Statutory Accident Benefits Legislative Framework (re: the anticipated CAT definition changes)Posted: November 2013
By Darcy Merkur
Presented at the Back to School with Thomson, Rogers and the Canadian Paraplegic Association Ontario conference on September 13, 2012.
Presented 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 BeyondPosted: September 2011
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 PerspectivePosted: September 2011
Presented 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
Presented at the SickKids Brain Injury in Children conference on July 12, 2011.
Presented at the Canadian Defence Lawyers General Meeting - June 3 - 4, 2010.
Presented at the OTLA 2010 Spring Conference on May 27 & 28, 2010 in Toronto
Most 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.
This 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.
- "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
The Ontario Court of Appeal has taken away what it calls the plaintiff's "double recovery".
As 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 Ontario Human Rights Code prohibits discrimination against employees on the basis of an acquired brain injury / disability.
Law 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.
Presented at Osgoode Hall Law School Professional Development CLE - Managing and Litigating Motor Vehicle Accident Claims on April 23, 2009 in Toronto.
- “Moving Expenses” May Be Recoverable Under Section 15
- Slaying The Section 42 Dragon
- The Role of the Litigation Guardian
CAT Law Update - Catastrophic Impairment: Recent Court and Arbitral Decisions, presented at North York Rehabilitation Centre on February 28, 2009
PowerPoint Presentation (Converted to PDF) Presented at the Insight Seminar on February 24, 2009.
Accompanying future care costs conference paper presented at the Insight Seminar on February 24, 2009.
Research completed by: Adam Halioua
Claims Canada, October/November 2008
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The Roles and Responsibilities of Private Rehabilitation Case Managers and Occupational Therapists in Hospital.
This 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
L. Craig Brown, "Lessons from the Indian Residential Schools Tragedy", presented to the Litigation Department of WeirFoulds LLP on November 5, 2008.
- Duty of Utmost Good Faith
- Class Actions 101
- Overhaul of Ontario’s Human Rights Complaint System
- About Attendant Care
On 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, 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.
"Consumer Groups Call for Changes to Insurance Rules; Say Firms Profiting on the Backs of Consumers"Posted: April 2008
Insurer-Funded Medical, Rehabilitation and Attendant Care Services for Brain Injury Survivors while in HospitalPosted: April 2008
Presented to Hamilton Health Sciences Centre’s Acquired Brain Injury Program Slow to Recover Team.
- 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
Richard 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.
The Lawyers Weekly: Article by Darcy Merkur about The Personal Injury Damages Calculator
David 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
Winning Personal Injury Cases
David 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 NeedsPosted: September 2007
David 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
Darcy 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
David 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", June 23, 2007
Alan A. Farrer, L. Craig Brown, When Tigers Attack, presented at the Ontario Trial Lawyers Association on June 15, 2007
L. Craig Brown, Mary Carter Meets the Jury 2, May 26, 2007
Stacey 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.
L. Craig Brown, Mary Carter Meets the Jury, May 2, 2007
L. Craig Brown, Jury Questions in Complex Cases, May 2, 2007
Law Times, “Criteria for Interim Relief Still a Bit Fuzzy”, April 23, 2007
Leonard H. Kunka, Pre-Claim Examinations, presented at Hamilton Health Sciences Centre on March 23, 2007
David F. MacDonald, Pre-Claim Examinations, presented at the Life after DACs II Workshop - Toronto on February 22, 2007
Leonard 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
David 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
David 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.), December 15, 2006
David 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
David 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.), October 19, 2006
David 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.), September 27, 2006
David 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.), July 18, 2006
Leonard H. Kunka and David R. Neill, Surviving the Post-DAC World, presented at the Brain Injury Association of Quinte District on July 18, 2006
David F. MacDonald and Leonard H. Kunka and Patricia Howell, New Motor Vehicle Regulations, presented at Bridgepoint Health on May 24, 2006
David 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.), April 13, 2006
Resch v. Canadian Tire Corporation, 2006 CanLII 11444 (ON S.C.), April 11, 2006
Leonard 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
Leonard H. Kunka, Pre-Claim Examinations s. 32.1, presented at Hamilton Health Sciences Centre on March 9, 2006
David 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
David 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 BasisPosted: February 2006
David 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 - Decision on a Preliminary Issue
Life after DACs Conference - Working for Adults and Children with Brain Injury within the New Post-DAC SystemPosted: February 2006
Leonard 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
David 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
David 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.), January 27, 2005
Cowles v. Balac Judgement, January 22, 2005
Cowles v. Balac, 2004 CanLII 42936 (ON S.C.), November 19, 2004
David F. MacDonald, "Client, Family and Treating Healthcare Professional Concerns”, Paediatric Head Injury Claims: Litigate or Settle, Ontario Bar Association 2004
David 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.), November 4, 2004
Cowles v. Balac, 2004 CanLII 35084 (ON S.C.), November 4, 2004
Leonard H. Kunka, Customized Auto Insurance, presented at St. Michael’s Workshop on September 2004
Lytle v. Toronto (City), 2004 CanLII 12155 (ON S.C.)
David 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
Leonard H. Kunka and Patricia J. Howell, Ensuring a Smooth Transition from Hospital to Home, presented at Toronto Rehabilitation Institute on March 2004
Leonard 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
Leonard H. Kunka, Tanya Beatty and Damian J. May, Community Treatment Order, presented at Bloorview MacMillan on February 16, 2004
L. Craig Brown, Social Host Liability, December 1, 2003
David 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
David 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
David F. MacDonald, Proving and Costing Chronic Pain, presented to the Canadian Society of Medical Evaluators on June 12, 2003
Leonard H. Kunka, Nursing Documentation Standards Revised 2002, presented at the College of Nurses of Ontario on June 2003
Leonard H. Kunka, Bill 198 and the New SABS, presented at Toronto Rehabilitation Hospital on May 12, 2003
David 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
Leonard 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
David F. MacDonald, DACs: Maximizing Quality and Value - Significant Legal and Arbitration Decisions, presented at the Association of Designated Assessment Centres on January, 2003
David 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
David 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 ImpairmentsPosted: November 2002
David 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
David F. MacDonald, Bill 59 in Plain Language, presented at the Brain Injury Association of the Ottawa Valley Conference on May 10, 2002
David A. Payne, Documentary Production in a Bad Faith Action, presented at the Ontario Trial Lawyer’s Association on April 5, 2002
Leonard 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
David 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