Tag Archives: Dale Orlando Critical Injury Lawyer

Non-lawyers in the ownership mix

Alternative business structures could result in fewer, more well-funded firms

By: Dale Orlando, McLeish Orlando LLP

Published in: The Lawyers Weekly, June 27, 2014 issue

On Dec. 9, 2011, Law Society of Upper Canada members identified as a priority for the coming year the examination of alternative business structures (ABS) as a means of delivering legal services in Ontario. Based on the contents of the first report to convocation of the ABS working group (last June) and numerous comments at the society’s ABS symposium in October of last year, some form of ABS is likely to be approved in Ontario in the coming months and that will likely have implications for the personal-injury bar. Continue reading

The effect of living longer and working older

Economic loss calculations can be seriously altered by a wave of new retirement data

By: Dale Orlando, McLeish Orlando LLP

Published in: The Lawyers Weekly Feb. 7, 2014 issue

In a typical personal injury case, there are a number of approaches to developing the theory of economic loss and a number of assumptions are made as part of that theory.  In cases where a person is unlikely to return to work or has returned to work but is likely to have to retire earlier than otherwise would have been the case, a major part of the theory revolves around the person’s expected retirement age, but for the accident.  While each case turns on its own facts, to some extent both plaintiff counsel and defence counsel will base their theories on a presumed retirement age.    Many defence theories are based on an outdated notion that people are embracing the idea of Freedom 55 and retiring earlier than in previous generations.  The recent data on this point clearly shows an upward trend in retirement age.  There are two very good reasons for this trend; people are living longer and saving less for retirement and people simply cannot afford to retire. Continue reading

Preparing an expert witness for trial

By: Dale Orlando, McLeish Orlando LLP

Published in: Insurance Lawyer Magazine

on October 13, 2013

In a court action for damages arising out of an injury, judges and juries will rely upon the opinions of health professionals in order to understand and interpret the facts of a plaintiff’s claim. However, many health professionals are understandably hesitant to express their opinions within this context. This article is intended to assist health professionals in this regard, through a discussion of what a health professional may expect and how best to prepare, if called to appear as a witness at trial.

The scope of the expert’s testimony

When an expert takes the stand at trial, he or she will not be narrowly confined and limited to the precise content of his or her report, which would have been delivered pursuant to theEvidence Act. A medical expert has a right to explain, amplify and expand on what is latent in the medical report – so long as they are not opening a new field. The purpose of the rule is to facilitate orderly trial preparation by providing opposing parties with adequate notice of opinion evidence to be adduced at trial. Continue reading