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Practice Highlights


David MacDonald is a trial lawyer who conducted Toronto’s first personal injury paperless iPad trial. David has been going to trial and settling catastrophic plaintiff personal injury cases and helping car, pedestrian, ATV, motorcycle and boating accident victims who have suffered catastrophic injuries for more than twenty-five years. He has been source lawyer and co-counsel on matters which have settled for over $11,000,000 and lead counsel on matters which have settled for over $8,000,000. Most of his clients have suffered severe brain injuries, spinal cord injuries or amputations arising from trauma. David represents clients from all across Ontario, including Thunder Bay, Ottawa, Windsor, Kingston, Sault Ste Marie, Barrie, London, Hamilton, Niagara Falls, Oshawa, Huntsville, Toronto and his hometown of Mississauga, where he, his wife Margaret and their four boys live. David’s goal is to help his clients develop meaningful lives after tragedy strikes by helping them in the recovery process with excellent, inspiring rehabilitation professionals and to protect them for all their future financial needs. Matt Boiteau’s success story is linked here: https://www.youtube.com/watch?time_continue=2&v=PWKgxRg9Gm4

David is Certified as a Specialist in Civil Litigation by the Law Society of Ontario, recognized in The Canadian Legal Lexpert® Directory as consistently recommended for Personal Injury Litigation by Ontario’s personal injury lawyers, and acknowledged in The Best Lawyers™ in Canada and by Martindale-Hubbell® as an expert in Personal Injury Litigation.
For over twenty years David has advocated to the government on behalf of pedestrian, motorcycle and car accident victims for fair laws. He has led as a board member of Peel Halton, Toronto and Hamilton Brain Injury Associations. In 2003, the Ontario government selected David from all personal injury lawyers in the province and appointed him to the Superintendent’s Executive Committee to implement Ontario’s Auto Reforms.

David publishes and lectures to lawyers, adjusters and health care professionals on Catastrophic Injury Determination across the province. He has Guest Lectured on Litigation Experts at The University of Western Ontario and University of Ottawa Faculties of Law.

David has conducted and won many personal injury trials and arbitrations arising from pedestrian, motorcycle and car accidents. He has won trials against municipalities for improper signage and improper road maintenance in snow and ice cases including one for his client, Donald Greer whose testimonial is linked: https://www.youtube.com/watch?time_continue=2&v=AWRT85GZFiw

David provides free initial in-person consultations at hospital or home and is available by cell at 647-290-7291.

Client Video Testimonials

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 The Best LawyersTM in Canada since 2017
  • Martindale-Hubbell® Ranked Lawyer, Rated Distinguished®
  • 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
  • Member of FAIR (Fair Association of Victims for Accident Insurance Reform)
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  • 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 travelling 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 oncoming 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 were 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]

     

    *Past results are not necessarily indicative of future results and the amount recovered and other litigation outcomes will vary according to the facts in individual cases.

  • 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

     

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

    November, 2003

  • Thomson Rogers Current Events Webinar Series: Proving Brain Injury SPECT Scan Case Study And The Clinician’s Role In Helping The Client Along The Road To CAT Determination

    Thomson Rogers Webinar Series: Proving Brain Injury SPECT Scan Case Study And The Clinician's Role In Helping The Client Along The Road To CAT Determination.

  • David MacDonald Featured In Law Times “Taking Aim At Uber”

    David MacDonald in Law Times | June 1, 2020

    On June 1, 2020, Thomson Rogers partner David MacDonald was featured in an article titled “Taking aim at Uber” in the Law Times. The article outlines MacDonald’s statement of claim in a tragic auto-accident case laying blame against Uber and the City. “Uber drivers are set up for a fall by Uber’s basic business model, … Continued

  • Thomson Rogers EBulletin: New SABS Requirements For Insurers To Pay For In-direct Or Virtual Services Provided To Car Accident Victims Under COVID-19

    Correction: FSRA has indicated that insurers are not obliged to pay for the services mentioned in the summary below, but are encouraged to consider paying for same on a case by case basis. Secondly, complaints or concerns with respect to insurer conduct or breaches of the UDAP should be directed to the Market Conduct Branch … Continued

  • Thomson Rogers’ David MacDonald Files $7M In Damages Against UBER

    Thomson Rogers personal injury trial lawyer David MacDonald has filed a statement of claim with the Superior Court of Justice claiming $7 million in damages against UBER and the City of Toronto on behalf of passengers who were in an UBER struck from behind while the UBER driver was using his cell phone. Nicholas Cameron … Continued

  • Best Lawyers in Canada 2020

    We are proud to announce that 13 Thomson Rogers partners have been selected for inclusion in the 14th Edition of The Best LawyersTM in Canada. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation.  Lawyers are not required or … Continued

  • Health Advocates Education Conference 2019

    BIAPH 1st Annual Health Advocates Education Conference | April 26, 2019

    On April 26, 2019, Thomson Rogers was proud to be the Diamond Sponsor of the Brain Injury Association of Peel and Halton’s (BIAPH) First Annual Health Advocates Education Conference. The conference was held at the Hilton Mississauga/Meadowvale, 6750 Mississauga Road in Mississauga, Ontario. Google Map View Conference Agenda David MacDonald, a personal injury lawyer and … Continued

  • Peterborough Seminar 2018: Working Together to Help Survivors of Catastrophic Brain Injury

    Join us on November 9, 2018, for a Half-Day Seminar in Peterborough – Working Together to Identify, Gain Funding For and Help Survivors of Catastrophic Brain Injury. Sponsored by Thomson Rogers Personal Injury Lawyers with all proceeds to benefit the Brain Injury Association Peterborough Region. Brain injury survivors from car accidents may not be obtaining the … Continued

  • Best Lawyers in Canada 2019

    We are proud to announce that 16 Thomson Rogers partners have been selected for inclusion in the 13th Edition of The Best LawyersTM in Canada. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 87,000 industry … Continued

  • Children & Youth with Brain Injuries Practical Strategies Workshop

    Thomson Rogers, in collaboration with Holland Bloorview Kids Rehabilitation Hospital and March of Dimes Canada, is proud to host the Children & Youth with Brain Injuries Practical Strategies Workshop from June 7-8, 2018, at the Lexington Hotel & Conference Centre in Sudbury, Ontario. Day 1: Practical skills workshop The focus of this workshop is: To recognize … Continued

  • Brain Injury Services in North Bay, Ontario

    Looking for brain injury services in North Bay? Brain Injury Meet & Greet | Thursday, May 17, 2018 | 1:00 pm – 3:00 pm Join Insight Rehabilitation and March of Dimes Canada as they host a social information session aimed at providing brain injury survivors and caregivers with an opportunity to meet local resources in the … Continued

  • Brain Injury Association of Sault Ste. Marie Educational Reception

    On February 28, 2018, Thomson Rogers, the Brain Injury Association of Sault Ste. Marie and the March of Dimes Canada are presenting an evening educational symposium for professionals and local service providers specialising in brain injury. Thomson Rogers lawyers David MacDonald and Darcy Merkur will be presenting. For more information, see BIA Sault Ste. Marie’s … Continued

  • David MacDonald Presents at the 2017 ABI Provincial Conference

    Posted October 24, 2017

    We are pleased to announce that David MacDonald, a partner at Thomson Rogers was invited by the Ontario Brain Injury Association to speak at their upcoming bi-annual conference – 2017 Acquired Brain Injury Provincial Conference “Making a Difference”. Catch David’s presentation, Concurrent Session D6 – “CAT Turbocharger – Here, take the Keys” on Friday, November 3 … Continued

  • 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

  • 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

    • Using SPECT Scan, GOSE and Clinician Documentation to Determine Brain Injury and Catastrophic Impairment

      Presented at GLA Rehab | June 30, 2020

      Thomson Rogers’ personal injury lawyers David MacDonald and Stephen Birman presented at GLA Rehab on the topic of “Using SPECT Scan, GOSE and Clinician Documentation to Determine Brain Injury and Catastrophic Impairment.” The presentation discussed the following topics: ABI + CAT Criteria Since June 1, 2016 “Positive Findings” SPECT Scan Triaging the ABI Impairments Triaging … Continued

    • Determining Brain Injury and Catastrophic Impairment

      Presented by David MacDonald at Omega Medical Associates | June 6, 2019

      On June 6, 2019, Thomson Rogers’ personal injury lawyer David MacDonald presented at Omega Medical Associates on the topic of “Using Medically Recognized Brain Diagnostic Technology, GOSE and Clinician Documentation to Determine Brain Injury and Catastrophic Impairment.” The presentation discussed the following topics: ABI + CAT Criteria Since June 1, 2016 Positive Findings Structural MRI (DTI) … Continued

    • Mild to Severe Brain Injury Clients: GOSE and Documentation from Health Care Professionals

      Presented by David MacDonald at Elements Support Services | May 16, 2019

      On May 16, 2019, Thomson Rogers’ personal injury lawyer David MacDonald presented at Elements Support Services on the topic of “Mild to Severe Brain Injury Clients: GOSE and Documentation from Health Care Professionals.” The presentation discussed the following topics: ABI + CAT Criteria Since June 1, 2016 Positive Findings fMRI Triaging the ABI Impairments Triaging the … Continued

    • fMRI, GOSE and RSW Notes: The Keys for ABI CAT at 6 Months Post Injury

      Presented by David MacDonald at BIAPH | April 26, 2019

      On April 26, 2019, Thomson Rogers’ personal injury lawyer David MacDonald presented at the Brain Injury Associaton of Peel and Halton (BIAPH) on the topic of “fMRI, GOSE and RSW Notes: The Keys for ABI CAT at 6 Months Post Injury.” The presentation discussed the following topics: How to access fMRI testing Positive Findings Preparing GOSE … Continued

    • fMRI, GOSE and Ensuring Chronic ABI Survivors are Recognized as Catastrophically Impaired

      Presented by David MacDonald and Stacey Stevens at Bayshore Therapy & Rehab | April 5, 2019

      On April 5, 2019, Thomson Rogers’ personal injury lawyers David MacDonald and Stacey Stevens presented at Bayshore Therapy & Rehab on the topic of “fMRI, GOSE and Ensuring Chronic ABI Survivors are Recognized as Catastrophically Impaired.” The presentation discussed the following topics: ABI + CAT Criteria Since June 1, 2016 Positive Findings fMRI Triaging the … Continued

    • fMRI, GOSE and Ensuring Chronic ABI Survivors are Recognized as Catastrophically Impaired Lawlor

      Presented by David MacDonald and Ian Furlong at Lawlor Therapy Support Services | March 20, 2019

      On March 20, 2019, Thomson Rogers’ personal injury lawyers David MacDonald and Ian Furlong presented at Lawlor Therapy Support Services on the topic of “fMRI, GOSE and Ensuring Chronic ABI Survivors are Recognized as Catastrophically Impaired.” The presentation discussed the following topics: What imaging is currently being used for assessing mTBI/concussion? How to access fMRI … Continued

    • fMRI, GOSE and Ensuring Chronic ABI Survivors are Recognized as Catastrophically Impaired Bartimaeus

      Presented by David MacDonald and Stacey Stevens at Bartimaeus Inc. | February 28, 2019

      On February 28, 2019, Thomson Rogers’ personal injury lawyers David MacDonald and Stacey Stevens presented at Bartimaeus Inc. on the topic of “fMRI, GOSE and Ensuring Chronic ABI Survivors are Recognized as Catastrophically Impaired.” The presentation discussed the following topics: What imaging is currently being used for assessing mTBI/concussion? How to access fMRI testing Positive … Continued

    • Catastrophic Designation for Children with ABI

      Presented at the Children & Youth with Brain Injuries: Practical Strategies Workshop | June 7, 2018

      On June 7, 2018, Holland Bloorview Kids Rehabilitation Hospital and March of Dimes Canada, in collaboration with Thomson Rogers, hosted the Children & Youth with Brain Injuries: Practical Strategies Workshop in Sudbury, Ontario. The objective of the workshop was to provide skills for supporting kids and families after pediatric ABI by helping to: Recognize the … Continued

    • Innovation in Recognizing, Diagnosing and Treating Individuals with ABI

      Presented at the Hamilton Health Sciences 25th Annual Conference on Neurobehavourial Rehabilitation in ABI | May 3, 2018

      VIDEO – On May 3, 2018, David MacDonald, a Partner at Thomson Rogers, and Dr. Dinesh Kumbhare, Associate Clinical Professor at Medicine/Physical Medicine and Rehabilitation and Rheumatology co-presented at the 25th Annual Hamilton ABI Conference. Presentation Synopsis: With reduced funding for community-based services both in the public and community-based spheres, innovation in recognizing, diagnosing and treating … Continued

    • Premorbidity Conditions: How Does SABS and Tort Treat Them?

      Presented at Hamilton General Health Sciences Centre | Friday, April 6, 2018

      On April 6, 2018, at the Hamilton General Health Sciences Centre, David MacDonald and Stacey Stevens presented on the topic of, “Premorbidity Conditions: How does SABS and Tort Treat them?? In their presentation, they provide: A variety of case studies Clinician takeaways Information on Thin Skull and Crumbling Skull in a Tort lawsuit

    • Negligence In Action: Preparing and Trying Negligence Cases

      Presented at the University of Ottawa's Law School | March 5, 2018

      Thomson Rogers’ personal injury lawyer David MacDonald presented at Ottawa Law School on the topic of “Negligence In Action: Preparing and Trying Negligence Cases.” The presentation discussed the following topics: Initial Interview Duty of Care Standard of Care Breach of Standard Information Causation Forseeability, Remoteness Knew or Ought to Have Known Developing the Case Anticipating … Continued

    • Positive TBI Findings and GOSE

      Presented at Hamilton Health Sciences | February 5, 2018

      On February 5, 2018, David MacDonald presented at Hamilton Health Sciences. View presentation:  Positive TBI Findings and GOSE Here is a brief overview: More ABI survivors can be CAT Review SABS definition Look at new technology re Dx TBI Look at the GOSE test re AC Hospital evaluations of “Independence” What is happening with the … Continued

    • CAT Turbocharger – Here Take the Keys: Getting TBI Survivors to CAT Quickly

      Acquired Brain Injury Provincial Conference | by David F. MacDonald | November 3, 2017

      The focus of this presentation, “CAT Turbocharger – Here take the keys: Getting TBI Survivors to CAT quickly using MRBDT positive findings from insurer funded qEEG, fMRI and GOSE assessments”,  is to provide help in recognizing and gaining entitlement for MVA TBI survivors to CAT designation and funding for treatment. Based upon the new provisions in the June … Continued

    • Brain Diagnosis Tech Tools Publications

      Publications: “Medically Recognized Brain Diagnostic Technologies”: The rapid development of high speed, resolution and precision in fMRI by David A. Feinberg, Essa Yacoub MR imaging findings in mild traumatic brain injury with persistent neurological impairment by Gabriela Trifan; Ramtilak Gattu; Ewart mark Haacke; Zhifeng Kou; Randall R. Benson An fMRI Based Neurologic Signature of Physical Pain by … Continued

    • 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: Journal of Neurotrauma Glasgow Outcome Scale Extended, Wilson Structured Interviews for the Glasgow Outcome Scale (GOS) Structured Interviews for the Glasgow Outcome Scale Extended (GOSE) Spinal Cord independence Measure … 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

      Presented at Bridgepoint Active Healthcare | May 7, 2014

      Personal injury lawyers, David F. MacDonald, Michael L. Bennett and Darcy R. Merkur presented, Supporting ABI Car Accident Survivors, Family Members and In-Patient Rehab Teams, at Bridgepoint Active Healthcare on May 7, 2014. Overview of presentation: The following is an attempt to document typical examples of questions asked by survivors and their family members and corresponding responses … Continued

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

      Presented at Trillium Health Partners | January 24, 2014