In this case, Thomson Rogers represented the Plaintiff/Appellant, who was suing his insurer and its two adjuster employees regarding the insurer’s denial of the Plaintiff’s long-term disability benefits. On a motion brought before a Judge, the insurance adjusters successfully had the Statement of Claim against them struck on the basis that there was no cause of action against them, personally, since they had been carrying out their regular duties of employment. The Plaintiff appealed to the Ontario Court of Appeal and the appeal was granted; specifically, the motion Judge’s Order was varied to allow the Plaintiff leave to amend the Statement of Claim in order to plead the allegations against the adjusters with greater particularity.

Read the decision from The Court of Appeal of Ontario here.

On March 11, 2005, Kalika Webb, who then had just turned 17, was a backseat passenger in a car whose driver failed to negotiate a left-hand curve in the roadway resulting in a crash that caused her catastrophic injuries. Her most significant injuries were profound and permanent cognitive impairment and a number of spinal fractures.  Some of Kalika’s other injuries included a basal skull fracture, brain swelling, partial hearing loss, bilateral hemiplegia, impaired vision, trauma to her internal organs, a fractured pelvis, lung damage and profound speech impairment.  Naturally, Kalika’s life and that of her entire family were profoundly changed by this crash.  Sloan Mandel, a partner at Thomson Rogers was honoured to be given the chance to seek compensation for the Webb family.

The settlement was net of a potential seatbelt defence and net of significant past and future collateral benefit entitlements.

It is believed that the result achieved is one of the largest payouts to a victim of an Ontario car accident.  Effective demonstrative evidence was presented at mediation, including a well prepared day-in-the-life video.  To see a small portion of the video, please click here.

Kalika has gone on to make a remarkable recovery.  She recently graduated from high school, with assistance.

We are very thankful for the opportunity we had to meet Kalika and her family and to help them secure compensation.  The courage demonstrated by Kalika and her family was truly remarkable and can best be described as “inspirational”.

Sloan Mandel, litigation lawyer for the Webb Family

The trial took place before The Honourable Mr. Justice Jennings over a period of two weeks and one day in December 2004. The Plaintiffs succeeded in establishing negligence against four Defendant Doctors.

The Plaintiff, Mr. Godknows Itamunoala, alleged that the Defendant Doctors failed to diagnose an underlying brain aneurysm. As a consequence of that failure, Mr. Itamunoala was required to seek emergency medical attention during a visit to the United States. Mr. Itamunoala, an Ontario resident, was put to a significant expense for the excellent care that the received from the U.S. hospital and its medical personnel, for which he did not receive reimbursement through the Ontario Hospital Insurance Plan (“OHIP”).

Within the endorsement of The Honourable Mr. Justice Jennings, His Honour stated:

The plaintiff’s case was commendably prepared and expeditiously and competently presented. 

Medical malpractice cases are inherently complex and risky. They require a level of experience and skill, which counsel clearly met in this case.

Godknows Itamunoala, et al v. Karen L. Peirce, et al

The trial took place before The Honourable Madam Justice J. Lack over a period of seven days in October 2001.

The Plaintiffs alleged that Dr. Swales’ management of Mrs. Newman on May 7, 1993, and afterwards failed to meet the standard of care reasonably expected of a general practitioner in a small Ontario town at the time. He failed to consider colon cancer or a precursor to colon cancer as a potential explanation for Mrs. Newman’s May 7, 1993 symptoms.

The Plaintiffs succeeded in establishing negligence against Dr. Swales. Damages were assessed and awarded.

Alfred Newman v. William G. Swales

On July 8, 1998, Elwin Taylor died in the Emergency Department of the Peterborough Civic Hospital as a result of a heart attack. He was just short of reaching 58 years of age. A post-mortem examination revealed that Mr. Taylor had severe coronary artery disease (CAD).

The trial took place before The Honourable Mr. Justice H. Spiegel over a period of three weeks in February and March 2006. The Plaintiffs succeeded in establishing negligence against the Defendant Doctor.

Within the endorsement of The Honourable Mr. Justice H. Spiegel, His Honour stated:

… the evidence regarding life expectancy was very complex and required considerable skill to properly present.

While it is true that Mr. Mandel had just achieved 10 years seniority at the bar at the commencement of trial, he conducted the trial with a degree of skill and expertise which far exceeded his level of seniority.

Gail Taylor, et al v. Robert Morrison

On November 24, 1989, 17-year-old Brenda Rene Murray was driving to school in her mother’s car. The road was snow-covered with slushy and icy sections. Brenda lost control of her car, slid into the oncoming lane, and ran head-on into a pickup truck. Tragically, she was rendered a quadriplegic.

A claim was brought against the Ministry of Transportation (“MTO”) for its failure to appropriately sand and salt the roadway.

Mr. Justice Jenkins found that the MTO was 70% at fault for the crash and the defendant appealed.

The Court of Appeal upheld the trial judge’s ruling and Brenda was awarded significant damages.

Sloan Mandel represented Brenda and her family both at trial and on Appeal.

Brenda Rene Murray, et al v. Her Majesty The Queen

Sloan Mandel comments on the Ontario Government’s proposed cap of $1 million for catastrophic accidents victims.

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