Personal Injury Library
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 Are At A Trauma Hospital Following 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.
Am I Entitled to Benefits After a Car 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
Assesment 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 Johns 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 Johns 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 Johns, 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 Johns, Bill 59: New Solutions to an Old Puzzle, presented at the Riverdale Hospital on January 25, 2002
