Enforcement the Key to a Lawyer Referral Fee Cap

The Lawyer's Daily | by Darcy Merkur | April 25, 2017

The end to excessive lawyer referral fees may be as near as April 27 when the Law Society of Upper Canada will vote on capping referral fees paid to all referring lawyers/paralegals for referral arrangements entered into on or after May 1, 2017. The proposed cap would be a cap of 15 per cent of … Continued

Event: NRIO Breakfast Seminars – Spring Series 2017

Posted April 20, 2017

Event Date: May 29, 2017
NRIO Breakfast Seminars The Neurological Rehabilitation Institute of Ontario proudly presents the NRIO Spring Series of Breakfast Seminars 2017. These FREE seminars are designed to be forums where knowledge and information are shared, so individuals with acquired brain injuries can obtain the best care possible. Join Us: Date: Monday, May 29, 2017 Time: 9:15a.m. – 10:45a.m. Location: NRIO | Etobicoke … Continued

Social Host Liability Case Must Go To Trial

Law Times | by Alex Robinson, commentary by Leonard Kunka | March 20, 2017

Law Times logo 150x46 Lawyers say a recent Ontario Superior Court decision leaves the door open for a possible finding of social host liability in certain circumstances. In Wardak v. Froom, the defendants, Stephen and Carol Froom, held a party for their son, Graeme, celebrating his 19th birthday in 2011. The plaintiff, Dean Wardak, who was 18 at the time, … Continued

A Cyclist’s Worst Nightmare: ‘Dooring’ up 58% between 2014 and 2016

Posted March 22, 2017

Cyclist Missing Open Car Door Growing up, you may remember being taught to look both ways before you walk across the street. Now drivers and passengers need this same advice before opening their car doors when parking on the street. Cyclists in Toronto have always had a tough time getting around the city and their rocky relationship with drivers is … Continued

Judge Condemns Practice of Ghostwriting Expert Reports

by Stephen M. Birman | March 10th 2017

Doctor Writing Report Defence medical assessments are a fact of life for Plaintiffs in personal injury litigation. Most injured accident victims dislike the idea of attending these assessments with medical experts retained by the defendant’s insurance companies. As lawyers, we frequently hear from clients who call us in frustration with complaints that the medical expert had pre-determined his/her … Continued

What To Do If You Suffer A Personal Injury Abroad

Posted March 7, 2017

Family driving to beach With March Break in full swing, some may choose this time to travel abroad. But what happens if you are in an accident and suffer a personal injury while you’re away? As an Ontario resident there are things you need to consider. OHIP goes wherever you go. The nice thing about our health system is … Continued

Crucial to Submit Disability Certificates (OCF-3) Early

Disability Certificate (OCF-3) image Why it is NOW crucial to complete and submit a Disability Certificate (OCF-3) ASAP – An important message for hospital providers. Traditionally, we have explained to hospital providers that while it was best for patients to submit their Accident Benefit documents (i.e. Application and Disability Certificate) to their accident benefit insurer ASAP, there was no serious … Continued

When to Hire a Personal Injury Lawyer

Posted February 28, 2017

hiring a personal injury lawyer If you’ve been in a car accident you will likely find yourself hearing from various insurance companies soon after the incident. The easiest way to respond to them is to tell them to speak with your lawyer, and if you’ve already retained a lawyer that is always the right answer. Once a lawyer is retained, … Continued

McGibbon hotel reconstruction opposition voice support for settlement

Independent Free Press | by Kathryn Boyle, Jeff Wilker comments | February 23, 2017

The Independent Free Press logo 150 x 56 Town staff have come up with what they describe as a ‘win-win’ for Silvercreek Commercial Builders and concerned residents when it comes to the McGibbon reconstruction. During a special council meeting on Feb. 22, Halton Hills solicitor Jeff Wilker presented to council in a public forum the legalities of the settlement between the town and … Continued

‘Ghostwriting’ Prohibited in Court

TorontoSun.com | by Darcy Merkur | February 18, 2017

Toronto Sun thumbnail Does Donald Trump author all of his own tweets? Is it wrong if he doesn’t write them all himself? While the U.S. president and other politicians and celebrities can have representatives speak on their behalf, an expert witness in the courtroom does not have that right. Rather, a court expert must be the sole author … Continued

Glen Williams residents likely to be disappointed at upcoming OMB development hearing

Independent Free Press | by Graeme Grisque, Jeff Wilker mentioned | February 16, 2017

The Independent Free Press logo 150 x 56 Residents in Glen Williams remain unhappy with a recent decision by council to allow an unpopular residential development in the Halton Hills hamlet to move forward. The 31-home development by Eden Oak Creditview Heights Inc., currently under review by Ontario Municipal Board (OMB), met stiff resistance at a Jan. 24 special meeting of council at … Continued

Slip and Fall Accidents: Negligence and Claims

Slip and Fall Accidents: Negligence and Claims

Toronto Slippery Conditions This winter, the weather in Toronto, and Ontario in general has been incredibly unpredictable. There have been cold snaps where temperatures drop to unbearable levels only to be met with comfortable spring-like conditions a few days later. Freezing rain plays havoc with the roads and sidewalks creating unpassable ice and slippery surfaces. Overall, icy sidewalks … Continued

Clarity on prejudgment interest but not deductible

The Lawyers Weekly | by Darcy Merkur | February 2017

Clarity on prejudgment interest but not deductible by personal injury lawyer Darcy Merkur The debate over whether ongoing Ontario personal injury automobile claims are impacted by recent legislative amendments received some clarity recently, at least when it comes to the issue of prejudgment interest. However, the dispute over the application of annually increasing statutory deductibles to ongoing personal injury automobile claims remains. Ontario motor vehicle accident victims involved … Continued

Latitude exists on two-year limitation period

Law Times | by Marg. Bruineman, Stephen Birman quoted | January 16, 2017

Insurance Policy A recent decision serves as a reminder that judges have some latitude in the two-year limitation period in motor vehicle accidents where there is serious and permanent injury. But even in circumstances when discoverability of the extent of the injury is delayed, lawyers may open themselves up to liability. In Schaefer v Ayeneababa, the defendant … Continued

Riding Toronto’s Streetcars Can Be Dangerous

Posted January 13, 2017

Image by Tony Bock - Dangers of streetcars “Young girl struck by a car after stepping off TTC streetcar”. Headlines like these spatter Toronto news outlets far too often. Any Torontonian that rides a streetcar knows that getting on and off streetcars can be dangerous. With streetcars stopping so frequently along major downtown arteries, adjacent vehicles (including bicyclists) don’t always stop to allow passengers … Continued

The Trouble with Bad Faith Claims in the Context of Statutory Accident Benefits

Posted December 20, 2016

ABR Updater Issue 35 by personal injury lawyer Benjamin Brookwell Insurance companies have a duty to deal fairly with the claims of the people they insure. If you are in a car accident, however, you cannot sue your insurance company for bad faith in connection with their decision to deny your statutory accident benefits. In 702535 Ontario Inc. v. Non-Marine Underwriters, Lloyd’s of London, the … Continued

Pedestrian Accidents in Toronto Statistics

Posted December 14, 2016

Cyclist in Toronto For most, Tuesday, December 5th was just another day, but for 22 pedestrians in Toronto, it was the day they were struck by a vehicle. Sadly, of those 22 there was one reported fatality. According to Toronto Police, the daily average for pedestrians being hit in Toronto is 5.2. More than quadrupling the daily average … Continued

BIAPH Holiday Party & Recognition Gala 2016

Posted December 12, 2016

Brain Injury Association of Peel Halton and Region Gala 2016thumbnail As you may know, Thomson, Rogers is a proud diamond sponsor of the Brain Injury Association of Peel & Halton Regions (BIAPH), and recently attended their annual Snow Globe Holiday Party & Recognition Gala. This year the gala was held on November 25th and was another astounding success. We’re pleased to announce that our own … Continued

Hospital doctor’s negligence upheld after fatal meningitis missed, court rules

CTV News Toronto | by Colin Perkel, The Canadian Press | November 28, 2016

CTV News Toronto thumbnail TORONTO — A hospital doctor who failed to detect meningitis in a patient who died from the infection was professionally negligent, Ontario’s top court affirmed Monday. In upholding a negligence finding against Dr. Virat Joshi, the Ontario Court of Appeal said the evidence clearly showed Mark Barber was displaying symptoms the doctor should have noticed and investigated. … Continued