Personal Injury Library

 

Cost proportionality not always kind to injured plaintiffs

Posted: June 2014

By Darcy Merkur
Published on LawTimesNews.com
June 9, 2014

 

 

 

 

Notice, Limitation & Pleading Issues in Road Authority Cases

Posted: May 2014

By: Robert M. Ben

Published in The Litigator, April 2014

 

Up-to-Date Review of Statutory Accident Benefits Legislative Framework (re: the anticipated CAT definition changes)

Posted: November 2013

Darcy R. Merkur

 

The Anticipated Changes to the Definition of "Catastrophic Impairment" and It's Expected Impact

Posted: September 2012

By 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 2011

David A. Payne

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 Beyond

Posted: September 2011

By 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 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

 

UPDATE – The Expert Panel’s Report to the Superintendent on Catastrophic Impairment

Posted: September 2011

Darcy Merkur

Presented 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 2011

Richard C. Halpern

Presented at the SickKids Brain Injury in Children conference on July 12, 2011.

 

The Court's Approach to Evaluating Future Care

Posted: September 2010

Sloan H. Mandel

Presented at the Canadian Defence Lawyers General Meeting - June 3 - 4, 2010.

 

Birth Trauma and the Duty of Care

Posted: April 2010

Richard Halpern

Presented at the OTLA 2010 Spring Conference on May 27 & 28, 2010 in Toronto

 

Ontario Proposed Auto Insurance Reforms (2010)

Posted: January 2010

Richard 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 2009

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.

 

Preserving Access to Justice: Resisting the Push to Restrict Tort Rights

Posted: November 2009

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.

 

Accident Benefit Reporter Volume 10, Issue 2

Posted: November 2009

In this issue:

 

Is Mary Carter dead or just wounded?

Posted: October 2009

The Ontario Court of Appeal has taken away what it calls the plaintiff's "double recovery".

 

Expert Witnesses New Duties

Posted: October 2009

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 Rights of a Disabled / Brain Injured Person Returning to Work

Posted: October 2009

The 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 2009

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.

 

Employment Issues in a Disability Context

Posted: May 2009

Presented 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 2009

 

Accident Benefit Reporter - Volume 10, Issue 1

Posted: May 2009

In this issue:

 

Catastrophic Impairment: Recent Court and Arbitral Decisions

Posted: February 2009

CAT Law Update - Catastrophic Impairment: Recent Court and Arbitral Decisions, presented at North York Rehabilitation Centre on February 28, 2009

 

Future Care Costs

Posted: February 2009

PowerPoint Presentation (Converted to PDF) Presented at the Insight Seminar on February 24, 2009.

 

Future Care Costs: Accompanying paper

Posted: February 2009

Accompanying 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

>> Read more

 

Personal Injury Information Kit

Posted: January 2009

Personal Injury Information Kit - As of September 2010

 

Auto Insurance: Restoring the Balance

Posted: January 2009

 Claims Canada, October/November 2008

>> Read more

 

Legal, Ethical and Practice-Based Implications

Posted: December 2008

The 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 2008

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.

Injury Lawyer Toronto

Effective September 1, 2010

Steps to Take After a Motor Vehicle Accident

 

Lessons from the Indian Residential Schools Tragedy

Posted: November 2008

 L. 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 2008

In this issue:

 

Ontario Injury Compass Alert - July 2008 - Vol. 5, Issue 7

Posted: August 2008

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 Alert - June 2008 - Vol. 5, Issue 6

Posted: July 2008

 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.

 

"Automobile Insurance Review Faces Rough Road"

Posted: May 2008

 

"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 Hospital

Posted: April 2008

Presented to Hamilton Health Sciences Centre’s Acquired Brain Injury Program Slow to Recover Team.

 

Accident Benefit Reporter Vol. 9 Issue 1

Posted: April 2008

In this issue:

 

"Walker's slip-and-fall a lawyer's pick-me-up"

Posted: February 2008

 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.

 

Spreadsheet Software Makes Settlement Calculations a Snap

Posted: February 2008

The 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 2007

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

 

Arbitration Order Re DAC Assessment

Posted: October 2007

Winning Personal Injury Cases

 

Accessing First and Third Party Funding

Posted: 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, September 2007

>> Read more

 

Accessing First and Third Party Funding for In-Hospital Medical, Rehabilitation and Attendant Care Needs

Posted: 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

 

Using Cutting Edge Technology Applications to Effectively Analyze and Present Your Claim

Posted: September 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

 

Assessing and Paying Attendant Care: Assessors’ and Insures’ Responsibilities

Posted: June 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"

Posted: June 2007

 Toronto Star, "Road Racing Toll Extends to Finances", June 23, 2007

 

When Tigers Attack

Posted: June 2007

 Alan 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 2007

 L. Craig Brown, Mary Carter Meets the Jury 2, May 26, 2007

 

Assessment and Treatment in SABS Insurance Claims

Posted: May 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.

 

Mary Carter Meets the Jury

Posted: May 2007

 L. Craig Brown, Mary Carter Meets the Jury, May 2, 2007

 

Jury Questions in Complex Cases

Posted: May 2007

 L. Craig Brown, Jury Questions in Complex Cases, May 2, 2007

 

Law Times, "Criteria for Interim Relief Still a Bit Fuzzy"

Posted: April 2007

 Law Times, “Criteria for Interim Relief Still a Bit Fuzzy”, April 23, 2007

 

Pre-Claim Examinations

Posted: March 2007

 Leonard H. Kunka, Pre-Claim Examinations, presented at Hamilton Health Sciences Centre on March 23, 2007

 

Life After DACs: Pre-Claim Examinations

Posted: February 2007

 David 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 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

 

Public and Private Partnerships for Client-Centred Care

Posted: February 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

 

Accessing Third Party Funding for Services Provided in Hospital

Posted: December 2006

 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.)

Posted: December 2006

 Cowles v. Balac, 2006 CanLII 41806 (ON C.A.), December 15, 2006

 

Meeting Patient’s Needs Approaching Discharge

Posted: November 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

 

Dealing with Insurers in a Post-DAC World - What the Past 240 Days Have Taught Us

Posted: October 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.)

Posted: October 2006

 Cowles v. Balac, 2006 CanLII 34916 (ON C.A.), October 19, 2006

 

Defining, Assessing and Paying Attendant Care Assessors and Insurers Responsibilities

Posted: September 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.)

Posted: September 2006

 Lytle v. Toronto (City), 2006 CanLII 33300 (ON C.A.), September 27, 2006

 

Rehabilitation Support Worker and Attendant Care - Documentation View

Posted: September 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.)

Posted: July 2006

 Resch v. Canadian Tire Corporation, 2006 CanLII 24128 (ON S.C.), July 18, 2006

 

Surviving the Post-DAC World

Posted: July 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

 

New Motor Vehicle Regulations

Posted: May 2006

 David 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 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.)

Posted: April 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.)

Posted: April 2006

 Resch v. Canadian Tire Corporation, 2006 CanLII 11444 (ON S.C.), April 11, 2006

 

Solutions for Assisting Injured Persons under the New Regulations

Posted: March 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

 

Pre-Claim Examinations s. 32.1

Posted: March 2006

 Leonard 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 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

 

The March 1 2006 Changes: Approaches to Assessment, Treatment and Attendant Care

Posted: February 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 Basis

Posted: 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

Posted: February 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 System

Posted: 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

 

Accident Benefits for Spinal Cord and Severely Brain Injured Clients/Patients

Posted: July 2005

 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

 

Accident Benefits & Spinal Cord Injuries under Bill 198

Posted: June 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.)

Posted: January 2005

 Cowles v. Balac, 2005 CanLII 2038 (ON S.C.), January 27, 2005

 

Cowles v. Balac Judgement

Posted: January 2005

 Cowles v. Balac Judgement, January 22, 2005

 

Cowles v. Balac, 2004 CanLII 42936 (ON S.C.)

Posted: November 2004

 Cowles v. Balac, 2004 CanLII 42936 (ON S.C.), November 19, 2004

 

Paediatric Head Injury Claims: Litigate or Settle

Posted: November 2004

 David 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 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.)

Posted: November 2004

 Cowles v. Balac, 2004 CanLII 35085 (ON S.C.), November 4, 2004

 

Cowles v. Balac, 2004 CanLII 35084 (ON S.C.)

Posted: November 2004

 Cowles v. Balac, 2004 CanLII 35084 (ON S.C.), November 4, 2004

 

Customized Auto Insurance

Posted: September 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.)

Posted: April 2004

 Lytle v. Toronto (City), 2004 CanLII 12155 (ON S.C.)

 

Developing the Bad Faith Claim against the First Party Auto Insurer

Posted: April 2004

 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

 

Ensuring a Smooth Transition from Hospital to Home

Posted: March 2004

 Leonard 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 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

 

Tanya Beatty and Damian J. May, Community Treatment Order

Posted: February 2004

 Leonard H. Kunka, Tanya Beatty and Damian J. May, Community Treatment Order, presented at Bloorview MacMillan on February 16, 2004

 

Social Host Liability

Posted: December 2003

 L. Craig Brown, Social Host Liability, December 1, 2003

 

Changes to Auto Insurance - Bill 198

Posted: October 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

 

Bill 198: What the Health Care Professional Needs to Know

Posted: September 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

 

Proving and Costing Chronic Pain

Posted: June 2003

 David 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 2003

 Leonard 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 2003

 Leonard 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 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

 

Bill 198 and the New SABS - Adapting to the Changes in the Rehabilitation Setting

Posted: February 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

 

DACs: Maximizing Quality and Value - Significant Legal and Arbitration Decisions

Posted: January 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

 

Bill 59 and Bill 198 - How Can we Use the Automobile Legislation to Support Accident Victims

Posted: December 2002

 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

 

Meeting the needs of the 21st Century Client

Posted: November 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 Impairments

Posted: 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
 

 

 

Bill 59 in Plain Language

Posted: May 2002

 David 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 2002

 David 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 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

 

Bill 59: New Solutions to an Old Puzzle

Posted: January 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