Wawanesa sought to send the Plaintiff to four Defence medical examination; all or which requests were made after pre-trial. Notwithstanding Wawanesa’s breach of the Rules, the Plaintiff was agreeable to attending one but not four Defence medicals. Wawanesa insisted upon the Plaintiff attending all four and proceeded with a motion. The motion was dismissed but for the one assessment, the Plaintiff had always been willing to attend. Motion for leave to appeal was dismissed. Wawanesa was chastised by both the Superior Court and the Divisional Court for failing to comply with the Rules regarding the time for serving expert reports.

Babcock v. Destefano, 2017 ONSC 276 (2017-01-13) – Reasons for Decision (Motion to Leave to Appeal)

Babcock v. Destefano, 2016 ONSC 5698 (2016-09-14) – Costs Decision

Babcock v. Destefano, 2016 ONSC 5352 (2016-08-24) – Citation

This was an action against Dr. John Chong in which it was alleged that his medical management of his patient, Janet Thornhill, was negligent.

• 2016 ONSC 6353 (CanLII) – Judgment

This action involved a slip and fall that took place on November 1, 2007. The plaintiff was drinking heavily at several different bars and restaurants located on Danforth Avenue in the City of Toronto. The last of the establishments visited by Mr. Willis that night was operated by the defendant Pentagram Inc. It was at Pentagram that Wills fell while descending a staircase on his way to use the washroom.

As a result of the fall, Mr. Wills suffered very serious injuries. Leaving him a quadriplegic living in an assisted living facility operated by the March of Dimes.

View Reasons for Decision (Ontario Superior Court of Justice)

This Application was about insurance coverage issues.  Ms. Baughan was seriously injured in a motor vehicle accident that took place in the United States Virgin Islands. The sole question that needed to be decided on the Application was whether the term “United States of America” ought to be interpreted to include the United States Virgin Islands for purposes of accident benefits and underinsurance coverage.

View Reasons for Decision (Ontario Superior Court of Justice)

View Endorsement (Ontario Superior Court of Justice)

View Reasons for Decision (Ontario Superior Court of Justice)

View Reasons for Decision (Ontario Superior Court of Justice)

View Endorsement (Ontario Superior Court of Justice)

On June 7, 2017, Thomson, Rogers’ Deanna Gilbert was happy to be at Holland Bloorview Kids Rehabilitation Hospital as they rolled out iPads which were donated by Thomson, Rogers to an eager group of teenagers in the hospital’s Teen Lounge. Holland Bloorview Kids Rehabilitation Hospital is Canada’s largest children’s rehabilitation hospital focused on improving the … Continued

The Supreme Court of Canada has concluded that CPP disability benefits are not “a policy of insurance” for purposes of deductibility in family protection endorsements. In automobile insurance, there are a number of forms of payments and benefits that injured victims may receive as a result of their injuries. In some cases, those payments or … Continued

The Supreme Court of Canada released a landmark decision on June 2, 2017, in the matter of Saadati v. Moorhead. In short, the Court held that Plaintiffs claiming damages arising from a mental or psychological illness are not required to adduce expert psychiatric evidence to receive compensation for their damages, nor must they have been … Continued

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

In April of 2017, the appeal decision of Delegate Rogers in MVACF v. Barnes was released. The decision will be troublesome for many families who provide attendant care to their injured love ones in a non-professional capacity. To understand the importance of the decision, the February 1, 2014 amendment to the Statutory Accident Benefits Schedule … Continued

It’s been said that not all heroes wear capes, but in this case, hundreds of heroes will be wearing them. Capes For Kids is an initiative of Holland Bloorview Kids Rehabilitation Hospital to raise funds for the hospital and raise awareness of its programs. From March 6th – 12th, Holland Bloorview is encouraging participants to wear capes … Continued

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

   On November 7th, 2016, personal injury lawyers Deanna Gilbert and Darcy Merkur, on behalf of Thomson Rogers, donated 65 new iPads to Holland Bloorview Kids Rehabilitation Hospital. The iPads will go to kids and families for their use during their time away from home. For more on Thomson Rogers in the Community: Recipients of … Continued

On a rainy Saturday morning, at Wilket Creek Park, a small but eager Thomson Rogers team, as part of the Gold sponsor PIA Law team, took part in the Brain Injury Society of Toronto (BIST) 5K Run, Walk and Roll. The rain did not deter our lawyers Deanna Gilbert, Benjamin Brookwell, Adam Tanel and Adam Delva and staff … Continued

Some participants in a new Law Society of Upper Canada report say public confidence in the legal profession is being hurt by advertising for personal injury law — a finding those in the field say is abundantly obvious. The Advertising and Fee Arrangements Issues Working Group Report unveiled at June Convocation says: “in personal injury … Continued

For a long time, “chronic pain” has been seen as an unfavourable term in personal injury litigation.  Although there have been some positive strides in recent years, there still remains a perception for many that the disability is not real.  But for many people, chronic pain syndrome is a very genuine, very disabling condition; and … Continued

     Thomson, Rogers is excited and proud to be running an internal clothing drive for Dress for Success Toronto (women’s clothing) and Dress Your Best Toronto (men’s clothing).  The goal of these charities is to help underprivileged but motivated individuals obtain and sustain employment by providing them with business attire to wear to interviews … Continued

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

Congratulations to Frank Bruno for winning the 2016 Brain Injury Society of Toronto (BIST) Volunteer of the Year Award.  Deanna Gilbert, partner at Thomson, Rogers, had the pleasure of presenting the award to Frank last night at the BIST volunteer appreciation night. Keep up the great work Frank! Congrats to Frank Bruno – winner of … Continued

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

Thomson, Rogers lawyers and staff proudly support The Law Society Foundation’s Toronto Lawyers Feed the Hungry Program. The Toronto Lawyers Feed the Hungry program has been providing hot, healthy community meals to some of Toronto’s neediest residents since 1998. Meals are served in the Law Society of Upper Canada’s cafeteria at 130 Queen Street West, … Continued

One day can change the world. World Aids Day – December 1st. Thomson, Rogers has been a proud supporter of Give a Day since 2007. Give a Day challenges each Canadian, particularly those in the medical and legal communities, to recognize World AIDS Day by giving one day’s pay to the fight against HIV. Give … Continued

Thomson, Rogers lawyers served breakfast this morning as part of the Toronto Lawyers Feed the Hungry program operated through the Law Society.

If you would like more information about the program or would like to donate, please visit: Lawyers Feed the Hungry Toronto.

The Ontario Court of Appeal has recently released a decision in Van Bastelaar v. Bentley that affects the insurance coverage available to injured accident victims in circumstances where there are multiple injured claimants suing the same at-fault driver. When situations as these arise, all injured claimants have to share the at-fault driver’s policy limits pro … Continued

Getting insurance claimants to submit to a medical exam has become harder due to a recent decisions by the Financial Services Commission of Ontario. When Ontario abolished designated assessment centres, it gave insurers the right to request medical examinations for each benefit for which a claimant applied. The only limit on the number of examinations was … Continued