Moore v. Getahun – Experts, Reports and Consultations with Legal Counsel

January 29, 2015

Alan Farrer, managing partner The Ontario Court of Appeal released its much anticipated decision in Moore v. Getahun. The case dealt with circumstances surrounding allegedly negligent medical care following a motorcycle accident. However, it was the rulings by the trial judge about the legal effect of communications between trial counsel and an expert witness that made this case of … Continued

Loose Lips Can Sink Ships: Waiver of Privilege

Accident Benefit Reporter Volume 15, Issue 2 | November 2014

Robert Ben, best personal injury lawyer Toronto Many of you provide treatment to people recovering from serious personal injuries. It goes without saying that confidential information entrusted to you by your patients within a professional relationship should be carefully guarded – confidential information should not be disclosed without the patient’s authorization, unless otherwise required by law. Unfortunately, sometimes the most routine interactions … Continued

Ontario Insurer Liable for Benefits in the Virgin Islands

Published in the Accident Benefit Reporter Updater, Issue 13 | August 2013

Deanna Gilbert In the winter of 2012, Mrs. Baughan, like many other Ontarians, sought to escape the Canadian winter. She booked a Carribean cruise with day excursions on various islands. The last thing on her mind was insurance coverage in the event of a car accident. View PDF of the article.

Managing Subrogated Claims in Personal Injury Actions and Subrogation Checklist

Written for the Osgoode Certificate in Personal Injury Law & Practice | April 2013

Sloan Mandel and Deanna Gilbert, personal injury lawyers Black’s Law Dictionary defines subrogation as: “The substitution of one party for another whose debt the party pays, entitling the paying party to rights, remedies, or securities that would otherwise belong to the debtor.”1 In simpler terms, it is the right to reimbursement. In the context of a personal injury case, subrogation is the process … Continued

Newborn Neurological Injury and Litigation: Medical-Legal Challenges to Causation

Presented at the SickKids Brain Injury in Children conference on July 12, 2011.

Richard Halpern, best personal injury lawyer Toronto Newborn neurological injury due to trauma occurring in and around birth (peripartum) is often profoundly disabling. For affected infants and their families, these injuries can be life-altering, resulting in unfathomable burdens. For health care professionals providing peripartum care, these dreaded outcomes are immensely distressing. Neurological injury in infants may result from idiopathic causes, antenatal causes, … Continued