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Presented at the Ontario Trial Lawyers Association 2017 Spring Conference | April 2017
Income loss claims can represent a significant portion of damage awards in personal injury claims. If the Plaintiff had a settled line of work over time and is no longer able to continue working due to a personal injury, the resultant income loss is a relatively easy calculation that is simply presented. However, many Plaintiffs … 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 The Advocates' Society | Licence Appeal Tribunal (LAT) Advocacy | April 7, 2017
Prior to commencing a LAT hearing, Applicants should consider the following: Know the Law The LAT is not bound by any of the precedent established by FSCO. This is especially troubling because it has taken years to interpret some of the language of the SABS and that history has provided some amount of certainty to … Continued February 28, 2017
If you have been in a car accident, when is the best time to hire a personal injury lawyer? Following a car accident, you will likely find yourself very quickly hearing from various insurance companies. The easiest way to respond to them is to tell them to speak with your lawyer and if you have … Continued Toronto ABI Network Conference | November 10, 2016
This paper is essential reading for any health care professional working with catastrophically (CAT) injured accident victims who is interested in understanding the GOS-E. Personal injury lawyer Stacey L. Stevens provides a series of best practices to be followed in light of the recent changes to the catastrophic impairment definition ranging from the initial client … Continued The Lawyers Weekly - Recovery Personal Injury Magazine | by Kim Arnott, Wendy Moore Mandel quoted | November 2016
Latest revisions to auto insurance system in Ontario seen as meaning less for more people who are injured. Few people expect to walk away from a car crash unscathed. But when it comes to the most severe financial and medical impacts, most assume their automobile insurance will cushion the blows. For Ontario drivers, that protection is … Continued Brain Injury Association of Niagara Conference: Demystifying Brain Injury | October 27, 2016
On June 1, 2016, significant changes to the Statutory Accident Benefits Schedule (SABS) came into effect. These changes include: Cutting the combined limit for attendant care benefits and medical rehabilitation benefits from $2,000,000.00 to $1,000,000.00; Cutting off non-earner benefits after 2 years; Eliminating the GCS criterion for catastrophic impairment; The introduction of diagnostic imaging and … Continued Presented at PIA Law's Practical Strategies for Experts: Testifying Without Fear Conference | October 20, 2016
On October 20, 2016, Thomson, Rogers’ personal injury lawyer Craig Brown presented on “Preparing for Examination-in-Chief of the Expert” at the PIA Law Practical Strategies for Experts: Testifying Without Fear conference. Excerpt of paper: The purpose of this paper is to provide practical assistance to counsel and experts who are preparing for trial. To provide … Continued Windsor Regional Hospital | October 13, 2016
The purpose of this paper is to not only alert the reader to the legal test for capacity and the accompanying requirement of a guardian but to hopefully instruct on when a guardian is not required, thereby allowing the ABI sufferer to maximize their own independence and quality of life. Legal Test for Guardianship: Property … Continued The Lawyers Weekly | September 9, 2016
Two recent decisions by the Ontario Divisional Court and the Court of Appeal for Ontario provide a sobering reminder of the necessity of providing clear and unequivocal breakdowns of the amounts received for Statutory Accident Benefits (SABS), including any lump sum settlements. A similar clear set of jury questions which separates each head of damage … Continued Will Davidson Products Liability Litigation Conference | September 22, 2016
Thomson, Rogers’ personal injury lawyer Kate Cahill, provides tips on how to manage medical malpractice and products liability cases at the Will Davidson Products Liability Litigation Conference. View PowerPoint Presentation: Tips on Managing a Medical Malpractice/Products Liability Case ABR Updater | Issue 32 | August 2016
About a year ago, I was speaking with a friend who had started driving for UberX. I asked my friend whether his automobile insurer was aware of his ridesharing activity. I pointed out to him that the standard automobile insurance policy in Ontario excludes taxis and drivers with paid passengers. Following our conversation, my friend … Continued Law Times | by Michael McKiernan, Darcy Merkur quoted | June 13, 2016
Darcy Merkur wants to inject a new word into the public lexicon when it comes to personal injury law boutiques: “classy.” His firm, Thomson Rogers, teamed up with fellow industry heavyweights Oatley Vigmond Personal Injury Lawyers LLP and McLeish Orlando LLP to form the Personal Injury Alliance four years ago, introducing themselves with a series … 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 it is one … Continued The Lawyers Weekly - Recovery Personal Injury Magazine | by Grant Cameron, Wendy Moore Mandel quoted | June 2016
When someone is accused of a criminal offence, whether due to a car accident or more heinous wrongdoing, they’re often so consumed with planning for their day in court that they don’t consider the effect of the charges on civil proceedings. Many assume that a Highway Traffic Act or Criminal Code conviction is separate from a future civil law claim. However, according to … Continued The Lawyers Weekly | April 29, 2016
Every year a number of newborns, small but significant in absolute terms, suffer avoidable brain injury during labour and delivery caused by poor obstetrical care. The losses are serious, with many suffering profound disability from cerebral palsy. Many have winnable cases, yet few are pursued. More is needed to overcome the medical and legal obstacles … Continued Accident Benefit Reporter | Volume 17, Issue 1 | May 2016
Just in time for April Fools’ Day, a letter arrived at my home from my automobile insurer. My insurer was “writing to inform you of upcoming changes to your automobile insurance”. Enclosed with the letter was an “introduction to these changes, provided by the Financial Services Commission of Ontario.” The letter advised “your coverages remain … Continued PIA Law's Practical Strategies Conference - Paediatric Traumatic Brain injury: Protecting Our Kids | April 21, 2016
The new definition of “catastrophic impairment”, which comes into force on June 1, 2016, contains a specific definition for children with brain injuries that is different from the adult definition. This is a major change. This new definition is set out in section 3.1(5) of the Statutory Accident Benefits Schedule – Effective September 1, 2010. … Continued Accident Benefits Summary Charts (for accident on or after June 1, 2016)
To help those in Ontario understand the major automobile insurance changes and the new reduced accident benefits limits, Thomson, Rogers has prepared two useful accident benefits summary charts. The first chart: Statutory Accident Benefits Schedule Summary (for accidents on or after June 1, 2016) highlights the accident benefits available for each of the three categories of … Continued The Oatley McLeish Guide to Motor Vehicle Litigation | April 1, 2016
Effective June 1, 2016, the definition of catastrophic impairment (“CAT”) will change, pursuant to section 3.1(1) of Ontario Regulation 251/15 made under the Insurance Act. This paper will focus upon the first two subsections of the new CAT definition: (some forms of) paraplegia or tetraplegia [s. 3.1(1)(1)]; and (some forms of) severe impairment of ambulatory … Continued