Birth Trauma Litigation: Proving the Cause of Newborn Neurologic Injury

May 30, 2017

Richard Halpern, best personal injury lawyer Toronto Proving the cause of newborn neurologic injury in birth trauma litigation, an essential step to a successful lawsuit, is both complex and challenging. Determining causation begins with the newborn’s brain. The areas of the brain affected, the pattern of brain injury and the evolution of injury all provide vital information about the mechanism of injury and the timing of … Continued

Attendant Care Benefits: The Importance of Documenting Economic Loss

Deanna Gilbert 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

When to Hire a Personal Injury Lawyer

February 28, 2017

hiring a personal injury lawyer 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

Handling Bad Behaviour and Difficult Personalities at Mediation

Presented at Osgoode Professional Development Program | Successful Advocacy in Tort and Personal Injury Mediations | February 15-16, 2017

Wendy Moore Mandel, personal injury lawyer in Toronto Lawyers have a long-established reputation for being difficult and behaving badly.  Some might say that lawyers are inherently difficult and often behave badly because it is expected (even required) of them in order to effectively advocate for their clients. The poor reputation of lawyers is undeserved, and good lawyers recognize that effective advocacy is never … Continued

Enough For The Journey Ahead?

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

Personal injury article - Enough for the journey ahead cover image 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

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

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

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

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

“Arbitrator Slams Insurer for Acting in Bad Faith”

The Lawyers Weekly | February 5, 2016

Leonard Kunka, best personal injury lawyer Toronto A recent decision by arbitrator Knox Henry of the Financial Services Commission of Ontario (FSCO) in Thomas Waldock and State Farm Mutual Automobile Insurance Company has sent a wake-up call to all insurance companies about their primary duty of utmost good faith to their insureds when dealing with first party claims. In this case, a … Continued

Catastrophic Definition Changes for Auto Accidents On or After June 1, 2016

David MacDonald, best personal injury lawyer in Toronto On August 27, 2015 the Ontario Legislature released the regulation with the changed definition for Catastrophic impairment determination which will affect those in accidents on or after June 1, 2016 or when their policy renews thereafter, whichever is later. The goals of this paper are first to provide a brief overview of the changes to … Continued

Attempt to apply legislation retrospectively fails

The Lawyers Weekly | February 5, 2016

Darcy Merkur, best personal injury lawyer Toronto Recent amendment to SABS being used as “old rules-new rules’ bargaining chip. Yet again the insurance industry has been thwarted in its attempt to retrospectively apply insurer friendly legislative changes to ongoing claims. The issue of the retrospective application of legislative changes was again before the court in the context of automobile insurance rights in … Continued