Tag Archives: critical injury lawyer

McLeish Orlando Donates 500 Turkeys to Toronto’s Daily Bread Food Bank

This morning McLeish Orlando announced their donation of 500 turkeys to help the Daily Bread Food Bank and their mission to fight against hunger here in our city.

Follow @DailyBreadTO to learn more about the fight against hunger and tune into City TVJohn Pat and Frankie 1John Pat and Frankie 2

John McLeish and Patrick Brown with Frankie Ferragine, Breakfast Television

McLeish Orlando would like to wish everyone a safe and happy holiday season and best wishes for 2014.

VIDEOS: Patrick Brown speaks to CTV News, Global’s The Morning Show, CTV Canada AM

If you missed the airing on CTV News channel interview with Merella Fernandez, you can watch Patrick Brown, Partner at McLeish Orlando speak on behalf of Eva Ravikovich’s Parents. Click here.

Global’s The Morning Show with Leslie Roberts and Kris Reyes can be watched here

CTV’s Canada AM Show with Marcia MacMillan can be watched here.

Follow @mcleishorlando for more information on this case.

 

Negligent drivers can still pursue claims against a road authority, says decision

As seen on AdvocateDaily.com

 

A recent case points out very clearly that there is not an absolute bar when it comes to whether a negligent driver can still pursue a negligence claim against a road authority, Toronto critical injury lawyer Dale Orlando says in Law Times.

Deering v. Scugog (Township), says the article, involves a 2004 motor vehicle accident that left two teenage sisters quadriplegics, with the trial judge finding the defendant municipality to be two-thirds liable with the drive responsible for the remainder. The Ontario Court of Appeal dismissed an appeal last year, and the Supreme Court of Canada denied leave to appeal in December.

As all avenues of appeal have now been exhausted in the case, says Law Times, the Superior Court’s decision is the latest word on the duty of municipalities to keep roads in a reasonable state of repair and the “expected driving capability of the ordinary driver.”

Whether a negligent driver can still pursue a negligence claim, says Orlando, partner with McLeish Orlando LLP who represented the younger sister, “is a question of apportionment after objective analysis of the state of non-repair of the road.”

“Shannon Deering was admittedly negligent. She was over the speed limit on an unfamiliar, hilly road and, accordingly, contributed to the happening of the accident. But that is the second question. The first is: On an objective analysis of the test, did the road represent an unreasonable risk of harm to an ordinary, average user, not to a negligent driver? This includes drivers who are not super drivers,” he says.

Orlando also says he believes that the Deering decision doesn’t create any new tests but reinforces previous decisions. “Municipalities are not held to a standard to make the road safe for negligent drivers. That’s not what the case means,” he explains.

Five-year-old struck, killed by Garbage Truck

As seen on AdvocateDaily.com:

The driver behind the wheel of a City of Toronto garbage truck that struck and killed a five-year-old girl, and injured others, may be civilly responsible to the families even if he isn’t ever formally charged, says Toronto critical injury lawyer John McLeish.

Kayleigh Callaghan-Belanger was steps away from her Scarborough school Thursday afternoon when the truck struck her, the Toronto Sun reports. She was one of four children crossing the street – two others suffered injures, the report continues. Continue reading