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Practice Highlights


David has been practising personal injury litigation and helping car accident victims who have suffered catastrophic injuries for over twenty-five years. He is Certified as a Specialist in Civil Litigation by the Law Society of Upper Canada, recognized by Lexpert® as consistently recommended for Personal Injury Litigation by Ontario’s personal injury lawyers, and acknowledged as a Best Lawyer in Civil Litigation practice by Best Lawyers Canada. David has advocated to the government on behalf of car accident victims for fair laws for accident benefits and compensation. He has worked as a board member of Peel, Halton, Toronto and Hamilton Brain Injury Associations. In 2003 the Minister of Finance chose David from all personal injury lawyers in the province and appointed him a member of Executive Committee to the Superintendent of Insurance for Ontario’s Auto Reforms Implementation Committee. David publishes and lectures to lawyers, adjusters and health care practitioners on Catastrophic Injury Determination quarterly. Annually, he is Guest Lecturer on Litigation Experts at The University of Western Ontario Faculty of Law. David has conducted and won several arbitrations and many personal injury trials arising from car accidents and Municipal Liability. David provides, without expense, in-person initial consultations at hospital or home and is available by cell at 647-290-7291.

Education

  • Bachelor of Arts (Honours), University of Western Ontario (1986)
  • Bachelor of Laws, University of Western Ontario Faculty of Law (1989)

Professional Accreditations and Affiliations

  • Certified Specialist (Civil Litigation)
  • LEXPERT Ranked Lawyer
  • Listed in Best Lawyers® Canada
  • The Advocates’ Society
  • The Insurance Executive Section of The Ontario Trial Lawyers Association
  • The Metropolitan Toronto Lawyers Association
  • Founding and Executive member of the Toronto Brain Injury Awareness Month Organizing Committee
  • Served on the Board of Directors of the Hamilton Regional Brain Injury Program and the Peel Halton Brain Injury Association
  • Served as Executive of the Insurance Section of the Canadian Bar Association-Ontario
  • Served as Executive of the Ontario Trial Lawyers Association

Additional Information

*David MacDonald Law Professional Corporation

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  • Keyes v. Personal Insurance Company of Canada

    July, 2006

  • Decision on a Motion for Interim Benefits

    September, 2006

     

  • Steinhoff v. Motor Vehicle Accident Claims Fund

    October, 2005

     

  • Greer et al v. Kurtz et al

    On March 2, 2003, Donald Greer’s life tragically changed forever when he was involved in a serious motor vehicle accident on an icy highway near Hamilton.  Mr. Greer was catastrophically brain-injured in the collision.

    Summary

    On March 3, 2003, a flash freeze caused Highway 5 to become icy near Waterdown, Ontario. Donald was traveling on Highway 5 with his dog, on the way to his job as a security guard when he suddenly lost control. The vehicle swerved but Donald was able to regain control for a stretch. When Donald lost control for a second time, he was not so lucky. His vehicle slid into the path of another vehicle. Donald’s truck was broadsided by the on-coming car at his driver’s door in the middle of the highway. Donald suffered catastrophic brain injuries and will never be able to work again.

    The City of Hamilton and IMOS who were jointly responsible to clear the roadway were both sued, as was the oncoming driver, for failing to slow. The case against the City of Hamilton and IMOS settled before trial with those defendants paying jointly the sum of $3,500,000.00.

    Donald’s case against the oncoming vehicle went to trial. Donald was successful. The owner and operator of the other vehicle was found to be partially responsible. This resulted in Donald recovering a further $1,300,000.00. Together with the settlement of his no-fault benefits in the amount of $1,800,000.00, inclusive of past benefits, Donald recovered $6,600,000.00. With these monies Donald has been able to afford proper treatment and care. Donald has since married a woman he met following the accident and is now a proud father.

    While Donald’s injuries will continue to affect him for his whole life, he has learned how to enjoy a meaningful life as a husband and father.

    Appeal Decision

    “The trial judge simply held that Mr. Kurtz should have slowed his vehicle more than he did and that his failure to do so meant that the speed of impact was greater than it otherwise would have been.” [para.10]

    “Finally, the trial judge’s impugned negligence finding is not related to avoidance of the accident.  As we have said, it is directed to Mr. Kurtz’s failure to slow his vehicle adequately, the result of which was to make the force of the collision greater than it otherwise would have been.  This is negligence.” [para.11]

  • L. F. v. State Farm Mutual Automobile Insurance Company

    November, 2003

  • Best Lawyers in Canada 2018

    Posted August 22, 2017

    Published annually by Best Lawyers®, The Best Lawyers in Canada is one of the country’s most highly regarded legal directories. Inclusion is based on an exhaustive peer-review survey and a thorough authentication process. We are proud to announce that the following 17 lawyers from Thomson, Rogers were selected for inclusion in 12th Edition of The … Continued

  • 2017 Canadian Legal Lexpert® Directory Rankings

    We are proud to announce that 14 of Thomson, Rogers’ lawyers have earned the distinction of being listed in the 2017 Canadian Legal Lexpert® Directory. To be included in the directory is an acknowledgement of excellence by their peers. Congratulations to: DAVID NEILL – listed as  Repeatedly Recommended in Plaintiff Personal Injury Litigation PATRICK SCHMIDT – listed as Consistently … Continued

  • Operation Christmas Child 2016

    Posted December 2, 2016

    During National Collection Week (November 14-20), Thomson, Rogers participated in Operation Christmas Child for the 9th straight year, doing so since 2007. This event gathers gifts and items for children and sends them worldwide to help put smiles on the faces of kids everywhere possible. This year Thomson, Rogers’ staff and lawyers filled 78 boxes full … Continued

  • Best Lawyers in Canada 2017

    August 10, 2016

    Published annually by Best Lawyers®, The Best Lawyers in Canada is one of the country’s most highly regarded legal directories. Inclusion is based on an exhaustive peer-review survey and a thorough authentication process. We are proud to announce that the following 14 lawyers from Thomson, Rogers were selected for inclusion in 11th Edition of The Best … Continued

  • Making the Links Golf Classic

    Posted June 20, 2016

    FORE! At least that’s what personal injury lawyers Leonard Kunka and David MacDonald might be hearing as they make an appearance on behalf of Thomson, Rogers at tomorrow’s golf event. Tuesday, June 21, 2016 is Henderson Structured Settlements’ 6th annual Making the Links Golf Classic in support of the Hamilton Health Sciences, as well as … Continued

  • TR Out in Support of MADD Canada’s PIA Law Strides for Change

    Posted June 6, 2016

    This past Sunday, as members of PIA Law, Thomson, Rogers staff and friends braved the elements in support of MADD Canada.               Video and photos provided by Peter Bregg Photography Adam Delva, David MacDonald, Adam Tanel, Deanna Gilbert our running lawyers @maddcanada @PIA_Law #stridesforchange pic.twitter.com/ApugXSzDPW — Thomson Rogers (@thomsonrogers) June 5, 2016 Congrats to David … Continued

  • Meet David MacDonald – Personal Injury Lawyer

    Watch this short biography video and get to know personal injury lawyer David MacDonald, a partner at the Toronto law firm of Thomson Rogers. Learn about the person behind the lawyer – why he chose law and what he is passionate about. David is a top ranked lawyer with extensive trial experience. His practice is … Continued

  • Be on guard for big auto insurance changes

    Toronto Star | by Perry Lefko, David MacDonald quoted | May 7, 2016

    Mandatory auto insurance coverage in Ontario is about to change significantly. Although it will cost less, it won’t offer as much protection. As a result of the changes, which will go into effect June 1, the cost for base coverage will drop an average of 3.7 per cent. But consumers are being advised to educate themselves … Continued

  • Changes to Auto Insurance Policies Will Shrink Coverage

    TheStar.com | by Perry Lefko, David MacDonald quoted | May 6, 2016

    Beginning June 1, 2016, rates will go down along with the standard benefits for medical, rehabilitation and attendant care. Mandatory auto insurance coverage in Ontario is about to change significantly, a move that will save drivers money but reduce the amount of benefits they could receive in the event of a crash. As a result … Continued

  • NRIO Breakfast Seminars – Spring 2016

    Posted May 2, 2016

    Personal injury lawyer David MacDonald, will be speaking at the upcoming Neurologic Rehabilitation Institute of Ontario (NRIO) Breakfast Seminars- Spring Series. He will be presenting on “What is Catastrophic? The New Frontier” with a focus on the SABS changes and attendant care needs. TIME: 9:15 a.m. – 10:45 a.m. LOCATION: Etobicoke Clinic – 59 Beaver Bend … Continued

  • BIST 5K Run, Walk & Roll 2015

    Posted October 4, 2015

    On Saturday, October 3, 2015, Thomson, Rogers lawyers and staff proudly lent their support at the BIST 5K Run, Walk & Run event. The annual run is organized by the Brain Injury Society of Toronto (BIST). This year’s run was held in honor of the heroes of brain injury including survivors, family members, caregivers, health care and … Continued

  • 2015 Canadian Legal Lexpert® Directory Rankings

    We are proud to have 14 of our lawyers selected as leading practitioners in their field.

    Each year Canadian Legal Lexpert® Directory sends out a survey to all lawyers across the country asking who they would recommend as leaders in their respective field. Thomson, Rogers is proud to announce that 14 of our lawyers have been selected as Leading Practitioners for 2015. Congratulations to: Roger T. Beaman – Repeatedly Recommended in Property Development … Continued

  • You’ve been seriously injured – now what?

    Toronto Metro - Q & A with David MacDonald

    An accident causing a catastrophic injury requires immediate support from a hospital’s most specialized trauma team. Once your condition is stable, you, your family, medical and rehabilitation professionals and specialized personal injury lawyers will create a recovery plan to help ensure the best quality of life possible. View PDF of article.

  • Family Members Sustain Economic Losses in Providing Attendant Care

    In the Fall 2005, Volume 6, 3rd Issue of the Accident Benefit Reporter, the writers addressed the topic, “Attendant Care Benefits under Bill 198: Who, What, When, Where and How”. The substance of the article was to suggest that family members were entitled to attendant care in most instances where they took time away from … Continued

  • Court Decides Family Members are Entitled to be Paid Attendant Care

    Henry v. Gore Mutual is the first court decision to address the issue since the SABS changed the definition of “incurred expense” September 1, 2010. Justice Ray found that as long as a family member providing attendant care sustains “an” economic loss, regardless of the amount of the loss, presuming the injured person pays, promises … Continued

  • Hearing for GRT driver charged in roundabout crash

    CTV News

  • Attendant Care Incurred Under the September 1, 2010 SABS

    Insurers have been obliged to pay for “incurred expenses” for attendant care under successive Statutory Accident Benefit Schedules (SABS). Wawanesa v. Smith1 stood for the proposition that: “… the word “incurred” is capable also of the wider meaning of “run into”, “render oneself liable to”, “bring upon oneself” or “be subject to”. There is a … Continued

  • Lam family planning suit in roundabout collision

    CTV News Southwestern Ontario

  • Catastrophic Impairment, New Directions

    David MacDonald, Personal Injury Lawyer at Thomson, Rogers, discussed how to determine if your client is catastrophically impaired following a motor vehicle accident. This presentation took place at the Navigating the New SABS: Practical Solutions conference with Thomson, Rogers and the Toronto ABI Network on March 31, 2010 in Toronto.

  • Criteria for Interim Relief Still a Bit Fuzzy

    Law Times

    View PDF of article.

    • Major Accident Benefits Changes Come into Effect on June 1st, 2016

      Accident Benefits Summary Charts (for accident on or after June 1, 2016)

      To help those in Ontario understand the major automobile insurance changes and the new reduced accident benefits limits, Thomson, Rogers has prepared two useful accident benefits summary charts. The first chart: Statutory Accident Benefits Schedule Summary (for accidents on or after June 1, 2016) highlights the accident benefits available for each of the three categories of … Continued

    • Catastrophic Definition Changes for Auto Accidents On or After June 1, 2016

      On August 27, 2015 the Ontario Legislature released the regulation with the changed definition for Catastrophic impairment determination which will affect those in accidents on or after June 1, 2016 or when their policy renews thereafter, whichever is later. The goals of this paper are first to provide a brief overview of the changes to … Continued

    • Catastrophic Impairment (CAT) Tool Box

      Catastrophic Impairment: Earlier Determination, Factoring-In Pre-Morbid Impairments and Post-Accident Potential Deterioration (Paper) Catastrophic Definition Changes for Auto Accidents On or After June 1, 2016 (Paper) CAT Tool Box: Structured Interviews for the Glasgow Outcome Scale (GOS) Structured Interviews for the Glasgow Outcome Scale Extended (GOSE) Spinal Cord independence Measure (SCIM), Version III California GAF to WPI Table … Continued

    • Catastrophic Impairment: Earlier Determination, Factoring-In Pre-Morbid Impairments and Post-Accident Potential Deterioration

      The goal of this paper is to provide health care professionals with further tools to assist them in conducting evaluations and providing detailed reports to assist in Catastrophic Impairment determination. In addition, this paper examines the definition of catastrophic impairment, legislative intent and provides a summary of all of the decisions concerning catastrophic impairment determination … Continued

    • Supporting ABI Car Accident Survivors, Family Members and In-Patient Rehab Teams

      Darcy R. Merkur, David F. MacDonald, Michael L. Bennett, Supporting ABI Car Accident Survivors, Family Members and In-Patient Rehab Teams, presented at Bridgepoint Active Healthcare on May 7, 2014.

    • Catastrophic Impairments: Increasing Access to Care and Treatment for Patients with Severe Injuries

      Presented at Trillium Health Partners | January 24, 2014

    • Determining Catastrophic Impairment for the New SABS

      Presented at the AMA Guides to Impairment Rating seminar at The Canadian Memorial Chiropractic College

      The goal of this paper is to provide health care professionals with further tools to assist them in conducting evaluations and providing detailed reports to assist in Catastrophic Impairment determination. This paper examines the definition of catastrophic impairment, legislative intent and provides a summary of all of the decisions concerning catastrophic impairment determination by the courts and by FSCO Arbitrators. … Continued

    • Making the Best Use of Prehearings in Accident Benefit Disputes at the Financial Services Commission

      Presented at the Financial Services Commission of Ontario's seminar "Succeeding on Mediations and Arbitrations"

    • Determing Catastrophic Impairment for the New SABS and Attendant Care Incurred Under the September 1, 2010 SABS

      Presented at the Piecing the Puzzle Together: Catastrophic Claims, Tort Claims and the New SABS Conference with Thomson, Rogers

      Determining Catastrophic Impairment Paper Relevant links to Chapters 4, 14 and 15 of the American Medical Association Guides to the Evaluation of Permanent Impairment, 4th edition: Chapter 14 Mental and Behavioural Disorders Chapter 15 Pain Chapter 4 on Mental Status Impairments, page 141 Chapter 4 on Emotional or Behavioural Impairments, page 142 Determining Catastrophic Impairment … Continued

    • How to Work with the New SABS

      Presented at Sudbury Regional Hospital

    • September 1, 2010 Accident Benefit and Tort Legislation

      presented at the Bayshore Home Health Conference

    • Catastrophic Impairment – New Directions

      NEED INTRODUCTION TO PAGE

       

      Presentation: Catastrophic Impairment – New Directions

    • Catastrophic Impairment – New Directions

      presented at the Navigating the New SABS: Practical Solutions Conference with Thomson, Rogers and the Toronto ABI Network

    • Helping to determine if your Client is Catastrophically Impaired ‐The Role of the Health Care Professional

      Presented at the Back to School Conference with Thomson, Rogers and the Toronto ABI Network

       

    • Getting Real: Assessing and Calculation Attendant Care in Hospital

      presented to the Ontario Society of Occupational Therapists

      View PDF of presentation.

    • Admission of Accident Reconstruction at Trial: Winning Strategies and Tactics

      presented at Osgoode Hall Law School Professional Development CLE - Managing and Litigating Motor Vehicle Accident Claims

      View PDF of presentation.

    • Car Insurers’ Responsibility to Pay for Rehabilitation and Attendant Care in Hospital

      Presented at Bridgepoint Health | April 13, 2009

    • CAT Law Update – Catastrophic Impairment: Recent Court and Arbitral Decisions

      Presented at North York Rehabilitation Centre

      View PDF of presentation.

    • Future Care Costs

      presented at the Insight Seminar

       

    • Legal, Ethical and Practice-Based Implications: The Roles and Responsibilities of Private Rehabilitation Case Managers and Occupational Therapists in Hospital,

      Presented at Sunnybrook Health Sciences Centre