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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 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 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 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 Law Society of Upper Canada | Advanced Issues in Spousal Support | September 30, 2016
“Imputed income matters. The reason why income had to be imputed matters.”1 The imputation of income is a determination of fact, not a guess or a provisional amount while waiting for better disclosure or further review.2 While the goal of the Child Support Guidelines is to maximize objectivity, predictability and consistency, Section 19(1) is one of … 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 Recent Developments and Complex Issues in Evidence in Family Proceedings | Osgoode Professional Development | May 9, 2016
As our Court of Appeal stated in National Post v. Canada, “privilege” is an exception to the fundamental proposition that everyone has a general duty to give evidence relevant to a matter before the Courts. A privilege is recognized only where required by an overriding societal interest.[1] Claims of privilege are concerned with different types … Continued Osgoode Professional Development | Recent Developments and Complex Issues in Evidence in Family Proceedings | May 9, 2016
MADD Canada National Conference for Victims of Impaired Driving | April 23, 2016
Once a year MADD Canada hosts a National Conference for Victims of Impaired Driving. This year it took place from Friday, April 22 to Sunday, April 24, victims and survivors came together to share their experiences and honour those who have been killed or injured from impaired driving. Thomson, Rogers’ Partner Ian Furlong, spoke at the conference … 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 10th Annual Family Law Summit | April 12, 2016
Proper pleadings are essential in all litigation, including family law litigation. Pleadings define the matters in issue and the scope of disclosure and questioning under the Family Law Rules. The pleading is one of the most important documents that will be prepared yet the art of a carefully and properly drafted pleading is becoming a … 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 Osgoode Professional Development | 5th Annual Complex Issues in Property and Equalization | March 7, 2016
presented at the Osgoode Professional Development Program - The Intensive Short Course on Fibromyalgia and Chronic Pain Claims: The Science, the Law, the Strategies
Acquired Brain Injury Provincial Conference | November 13, 2015
Paper and accompanying presentation provide healthcare professionals with a deeper understanding of how their observations and opinions as experts may be used to advance a personal injury case. Insight Seminar | Toronto | 2002
Osgoode Professional Development | 5th Annual Recent Developments and Complex Issues in Child and Spousal Support | October 5, 2015