Getting to CAT: A Roadmap for Health Care Professionals

Toronto ABI Network Conference | November 10, 2016

Paper - Getting to CAT: A Roadmap for Health Care Professional 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

Enough For The Journey Ahead?

The Lawyers Weekly - Recovery Personal Injury Magazine | by Kim Arnott, Wendy Moore Mandel quoted | November 2016

enough-for-the-journey-ahead-tlw-2016-thumbnail 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

Catastrophic SABS Amendments: How Catastrophic Are They?

Brain Injury Association of Niagara Conference: Demystifying Brain Injury | October 27, 2016

David Payne and Adam Tanel, personal injury lawyers Toronto 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

Preparing for Examination-in-Chief of the Expert

Presented at PIA Law's Practical Strategies for Experts: Testifying Without Fear Conference | October 20, 2016

Craig Brown, best personal injury lawyer 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

Issues Relating to Patients Who Lack Legal Capacity to Make Their Own Choices

Windsor Regional Hospital | October 13, 2016

David Payne, best personal injury lawyer Toronto 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

Cases highlight need to break down statutory accident benefits

The Lawyers Weekly | September 9, 2016

Cases highlight need to break down statutory benefits by personal injury lawyers Leonard Kunka and Carr Hatch 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

Your Uber Ride is Now Covered by Insurance But Further Coverage is Recommended

ABR Updater | Issue 32 | August 2016

ABR Updater Issue 32 | August 2016 Thumbnail 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

Personal injury advertising geared for change

Law Times | by Michael McKiernan, Darcy Merkur quoted | June 13, 2016

Personal injury advertising geared for change thumbnail 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

LSUC zeroes in on personal injury advertising

Law Times | by Alex Robinson, Deanna Gilbert quoted | June 27, 2016

Deanna Gilbert on the cover of Law Times June 2016 Issue thumbnail Some participants in a new Law Society of Upper Canada report say public confidence in the legal profession is being hurt by advertising for personal injury law — a finding those in the field say is abundantly obvious. The Advertising and Fee Arrangements Issues Working Group Report unveiled at June Convocation says: “in personal injury … Continued

Criminal Conviction Can Have Big Impact On A Civil Case

The Lawyers Weekly - Recovery Personal Injury Magazine | by Grant Cameron, Wendy Moore Mandel quoted | June 2016

criminal conviction can have a big impact on a civil case thumbnail 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

Birth Trauma Litigation Complex, Controversial

The Lawyers Weekly | April 29, 2016

Birth Trauma Litigation Thumbnail 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

April Fools – “Changes to Ontario Auto Insurance Give You More Choice”

Accident Benefit Reporter | Volume 17, Issue 1 | May 2016

Accident Benefit Reporter May 2016 thumbnail 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

The New Catastrophic Impairment Definition: Brain Injury In Children

PIA Law's Practical Strategies Conference - Paediatric Traumatic Brain injury: Protecting Our Kids | April 21, 2016

Deanna Gilbert and Troy Lehman 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

Major Accident Benefits Changes Come into Effect on June 1st, 2016

Accident Benefits Summary Charts (for accident on or after June 1, 2016)

Statutory Accident Benefits Schedule Summary Chart (for accidents 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 New Catastrophic Definition: Paraplegia, Tetraplegia, and Severe Ambulatory Impairment

The Oatley McLeish Guide to Motor Vehicle Litigation | April 1, 2016

Sloan Mandel and Deanna Gilbert, personal injury lawyers 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

Recent Decision on Impact of SABS Settlement Before Tort Trial

ABR Updater | Issue 30 | March 2016

Carr Hatch, best personal injury lawyer Toronto The recent Divisional Court decision in Mikolic v. Tanguay, 2015 ONSC 71(CanLII) sheds light on the credit a tort defendant receives when the statutory accident benefits case (SABS) settles before the tort trial. At issue was what, if anything, from the SABS settlement was deductible from a jury award at trial of: $20,000 for past … Continued

A Rider’s Guide to Risk Management

Canadian Biker | by Craig Brown | March 2016

A Rider's Guide to Risk Management thumbnail Since I began riding in 1968, I have believed in the old adage “a motorcycle is the safest vehicle on the road – up to the point of impact”. Although I have been fortunate in avoiding a serious accident I have, like most riders, come off the bike on numerous occasions.  Those incidents are a … Continued

No-Fault Accident Benefits Coverage? No Thanks

Toronto Sun | by Darcy Merkur | March 5, 2016

No-Fault Accident Benefits image Ontario drivers are legally required to purchase automobile insurance that includes overpriced, no-fault accident benefits coverage. If you look at your automobile insurance invoice, you will see that some 25% (or roughly $350) of your annual automobile insurance premiums are specified to be in relation to your mandatory purchase of these no-fault accident benefits. With … Continued