Tag Archives: AdvocateDaily.com

Motorcycle deaths in Ontario could reach seven-year high

Patrick Brown Personal Injury LawyerThe OPP said as of August 18, 2014, 26 people – 25 motorcyclists and one passenger- had died in crashes within the force’s jurisdiction.  That compares with 29 motorcycle deaths in all of last year, and 26 the year before.

In an interview with AdvocateDaily.com, Toronto personal injury lawyer, Patrick Brown says motorists must use extra precaution when it comes to sharing the road with motorcyclists.

Read the full article on AdvocateDaily.com.

Liberals revive bill to cut auto insurance rates

Patrick Brown, Partner of McLeish Orlando comments on the Liberals decision to cut insurance rates.  Ontario’s governing Liberals insist they can still reach their target of cutting auto insurance rates by an average of 15 per cent across the province, even though they’re only a third of the way there with just a year to go.

Read more of the article at AdvocateDaily.com

Top cases discuss expert reports, Facebook profiles

Patrick Brown recently presented at The Oatley McLeish Lecture Series: Guide to Motor Vehicle Litigation and presented on the Top Tort Cases of the Year. AdvocateDaily sat down with Patrick and discussed the important decisions over the last 12 months, one being the disclosure of Facebook profiles.

To read more of this article visit AdvocateDaily.com by clicking here.

When bifurcation makes sense, and why

Prior to Jan. 1, 2010, the power to bifurcate a civil trial was not conferred by any statute or found under the Rules of Civil Procedure, but was based on the court’s inherent jurisdiction to control its own process, writes Shaw. The amendment then came into force, changing the rules so they included a specific provision for separate hearings, which reads: “With the consent of the parties, the court may order a separate hearing on one or more issues in a proceeding, including separate hearings on the issues of liability and damages.” Continue reading

By using technology, laptops can replace briefcases

As seen on AdvocateDaily.com

Making use of technology ensures efficiency and productivity remain at peak levels, even during time periods that may otherwise be wasted, Toronto critical injury lawyer John McLeish says in Lawyers Weekly.

In an article discussing working on the go, McLeish says if he’s travelling, he always has a laptop in tow.

If stuck on a plane for three hours without the ability to connect remotely, because the firm has a paperless office, files can easily be downloaded, says McLeish.

“Instead of having two briefcases in the overhead luggage compartment above me, I have a 2.8-pound computer. I can download five, 10 or 25 files so I have them on the plane,” McLeish, a partner with McLeish Orlando LLP, says in the article.

The firm makes use of today’s latest technology, including Primafact, a paperless office system that enables lawyers to instantly access any document in a client’s file, the article says.

“There’s no running around saying, ‘Get me this document.’ We can access everything so quickly,” says McLeish.

When on a trip, McLeish says he’ll often get work done in the lobby of his hotel in the early morning hours.

 

For more information about McLeish Orlando click here

Lawyers could learn from juror process

As seen on AdvocateDaily.com

A controlled glimpse into the juror process would be beneficial to counsel handling civil cases, Toronto critical injury lawyer John McLeish tells Lawyers Weekly.

In the social media age, Canadian jurors and the legal community at large are divided on whether they can legally discuss the process, their deliberations, and their verdict in civil trials, the article says.

The Criminal Code makes it clear that jurors cannot discuss cases during the trial or after a verdict has been rendered, but when it comes to civil cases, Lawyers Weekly reports, several provinces are mute on the issue. Continue reading

Toronto family launches $3.2 million damage suit against TTC

As seen on AdvocateDaily.com

Toronto (July 3rd, 2013) – The family of a 48-year Toronto woman, struck and killed by a TTC bus last January, has launched a $3.2 million damage suit against the driver – who faces charges arising from the tragedy – and the Toronto Transit Commission.

“The sad reality, is that what happened to Wendy Martella, could happen to anyone,” said Dale Orlando, of McLeish Orlando LLP, the lawyer representing the Martella family. “Wendy was simply crossing the street, on her way home from work as a Senior Management Support Officer with Scotia Bank, when she was struck and killed by the TTC bus as it accelerated through a red light, without warning.”

The TTC bus driver, Magdalene Angelidis, appeared in court on Thursday, June 6th, 2013, on charges of careless driving and failing to stop at a red light.

Orlando writes in the statement of claim, that on January 23, 2013, at approximately, 4:00 p.m., Angelidis stopped the TTC bus in the intersection of Eglinton Avenue and Sinnott Road to pick up a passenger. The bus drove through the intersection, and a red light, striking Martella as she crossed the street on a green light. She suffered serious injuries, and died the following day at Sunnybrook Medical Centre.

The Martella family, alleges the TTC bus driver was distracted and failed to follow proper protocols by making an unscheduled stop in an intersection, writes Orlando in the statement of claim.

The TTC bus driver is scheduled to make a second court appearance at Old City Hall court on July 4.

See more at:

Videos:

Study highlights need for brain injury awareness

As seen on AdvocateDaily.com

Brain injuries are occurring at an alarming rate among Ontario teenagers, a new study has found, making education and awareness on the effects of a blow to the head crucial for parents, says Toronto critical injury lawyer Dale Orlando.

“I think there’s a common misconception where people talk about a concussion without understanding that a concussion is considered to be a brain injury,” says Orlando, partner with McLeish Orlando LLP. “A concussion, by definition, is a mild or moderate brain injury.”

The study found that one in five teens in Ontario has had a concussion or another brain injury in their lifetime that was serious enough to leave them unconscious for five minutes or to send them to hospital overnight, CTV reports.

As well, a total of 5.6 per cent reported they had had a concussion or significant brain injury in the past year, it adds.

“Statically, the majority of people who suffer mild traumatic brain injuries go on to have full symptom resolution, but there is a percentage that have significant ongoing difficulties as a result of their mild traumatic brain injury,” says Orlando. “But even for the people that do go on to have a good recovery and are symptom free, they become much more vulnerable to more significant impairments if they suffer a second head injury.”

The study used data from the 2011 Ontario Student Drug Use and Health Survey, CTV reports, noting it used responses from almost 9,000 students from Grades 7-12.

The survey found that the majority of traumatic brain injuries for the teens occurred during sports: 47 per cent for girls and 63.5 per cent for boys, with hockey and soccer accounting for more than half the injuries, the report says.

“I think as parents we have to be hyper vigilant and aware that a concussion isn’t just a minor thing like a scrape or a bruise that happens through the course of childhood that isn’t a big deal,” says Orlando.

“Many Canadian boys and girls grow up chasing the dream of making a living playing hockey, but Peewee games and Bantam games – they’re not the NHL,” he says. “Rules regarding hits to the head should be stringently enforced. Any hit directed to the head should have serious consequences for the person delivering the hit. Hitting from behind, driving somebody’s head into the boards … the penalty should be increased to eliminate it from the sport.”

On the soccer field, Orlando says it’s common to see injuries from regular activities, like heading the ball.

“That may not be appropriate for children of a certain age,” he says.

Orlando says while improvements have been made in sporting rules, more can be done to prevent serious injury.

“I think we’ve come a long way from the days of somebody suffering a concussion and having the coach say ‘Get back out there for your next shift.’ There are practices and protocols in place,” he says. “Parents have to recognize that a concussion is a mild traumatic brain injury and the restrictions associated with return to play are there for a reason.”

Safe streets concept could reduce fatalities

As seen on AdvocateDaily.com

Streets designed to take every mode of transportation into account – dubbed complete streets – are safer for the drivers, cyclists and pedestrians travelling on them, Toronto critical injury lawyer Patrick Brown says in Law Times.

In the article, Brown discusses the 2012 cycling death review and the 2012 pedestrian death review, and the coroner’s office move to call for the adoption of complete streets.

“The complete streets concept has been around for a while,” Brown says in Law Times.

“It has been adopted in various jurisdictions in the U.S. Put simply, it provides that anyone involved in the construction, building, maintenance or design of any type of roads provide equal access and equal consideration for all users, especially in urban centres. Complete streets are designed to give cyclists and pedestrians their own space so they can avoid contact.”

The cycling death review examined all of the 129 accidental cycling deaths that occurred in Ontario between Jan. 1, 2006, and Dec. 31, 2010, the article says, while the pedestrian death review examined 95 cases of preventable pedestrian collisions in 2010, including the 23 deaths that occurred in January of that year.

The Ministry of Transportation is currently in the process of developing a cycling strategy and is moving forward with implementing the coroner’s recommendations, the report says.

“We are hoping for a complete streets policy statement directing the road authorities to adopt the concept,” Brown, partner with McLeish Orlando LLP, says in the article.

“There is no doubt in my mind that if they do, we will have the safest roads in North America and a substantial reduction in fatalities.”