Hundreds of so-called ‘trespassers’ have been run over on Canada’s railways. The Transportation Safety Board has only investigate two

The Star | by Michael Mui, quoting Darcy Merkur | September 5, 2018

Canada’s been tracking the largest cause of death on its federally regulated railways over the past decade without launching a substantial number of investigations and without a national plan to prevent further fatalities. One such victim was eight-year-old, Khelyse Crowe-Kasule from Hamilton, Ontario. Khelyse is a client of Darcy Merkur, personal injury lawyer with the … Continued

End use of ghostwriters in medical reports: lawyers

Law Times | by Marg Bruineman, quoting Stephen Birman | June 25, 2018

Lawyers who act for plaintiffs in personal injury cases are calling for the end of the use of ghostwriters in the creation of expert medical reports. And although the issue hasn’t often been directly addressed in Ontario courts, there is indication that the judiciary has found problems with the approach. . . . Personal injury … Continued

Entitlement to attendant care benefits upheld

Law Times | by Michael McKiernan, quoting Deanna Gilbert | June 11, 2018

A Divisional Court decision upholding a woman’s entitlement to attendant care benefits offers guidance on the Statutory Accident Benefits Schedule’s controversial “incurred expense” provisions, according to the injured plaintiff’s lawyer. The decision in Helmer v. Belairdirect Insurance Company revolved around the May 6, 2016 motor vehicle accident that injured Belinda Helmer, the owner and operator … Continued

Lawyers say expert bias still significant problem

Law Times | by Alex Robinson, quoting Wendy Moore Mandel | December 4, 2017

Law Times logo 150x46 In the December 4, 2017, issue of Law Times, Lawyers say expert bias still significant problem, Thomson, Rogers’ Wendy Moore Mandel weighs in on the issue of professionally paid experts in insurance dispute cases. Wendy says: A cap of $2,000 plus HST for assessments in Statutory Accident Benefits cases has put pressure on experts to … Continued

Guest Column: Paying what’s fair

Toronto Sun | by Darcy Merkur | December 16, 2017

Toronto Sun thumbnail A controversial arbitration decision has encouraged various automobile insurers throughout Ontario to deny necessary care and supervision services to the most seriously injured motorists. And the Financial Services Commission of Ontario (FSCO), mandated to “protect the public interest and enhance public confidence in the sectors it regulates”, such as the automobile insurance industry, is doing … Continued