Tag Archives: Ontario

Practical Strategies Webinar: Auto Insurance Law Impacting You and Your Clients

The Practical Strategies webinar aired on April 30, 2013.

This webinar will update you on how lawyers and health care providers are coping with the evolving challenges of working in the constantly changing auto insurance system. You will learn strategies that will benefit you and your clients, including:

  • Establishing “incurred expense” and “economic loss” in attendant care claims.
  • Recent developments in catastrophic impairment.
  • Common pitfalls in clinical note taking and report writing.
  • Preparing for giving evidence in the Courtroom.

[youtube]http://www.youtube.com/watch?v=5UoH38vOgvQ[/youtube]

 

Keep safety in mind this Victoria Day Weekend

While many Ontarians look forward to Victoria Day weekend as an official summer kick-off, it is also the beginning of trauma season; the time when getting to and from the cottage can be a killer, Toronto critical injury lawyer Dale Orlando writes on Huffington Post.

“The Ontario Ministry of Transportation’s latest statistics show that in 2010, seven people died and more than 300 were hurt in over 1,300 collisions on Ontario roads on the Victoria Day long weekend,” the article says.

“A check with the City of Toronto’s traffic safety unit confirms that in Toronto alone, more than 130 people were hurt in over 400 collisions on this holiday weekend last year.”

Orlando, partner with McLeish Orlando LLP, says impaired driving is a major issue on holiday weekends, and notes it’s worth making the time to take safety precautions.  Watch Video

“If you can avoid the rush-hour cottage country drive, do so; you won’t be sharing the road with those who, no matter how many aggressive lane changes they make, will only arrive about 15 minutes ahead of everyone else who is keeping their cool,” he writes.

“And it may seem obvious, but step away from the cellphone. Put it in your briefcase or trunk and out of your hands so you won’t be tempted to check just one last email.”

When it comes to boating safety, take extra caution on the first time out, advises Orlando.

“Wear a life jacket, and while it’s obvious, leave the alcohol on the dock because it’s just as dangerous as drinking and driving,” he says.

Source: AdvocateDaily.com

Insurance Bureau of Canada Misinforms Officials, OTLA Taking Action

The Ontario Trial Lawyers Association has recently sent out a newsletter to every MPP in Ontario regarding the Insurance Bureau of Canada misinforming officials about insurance premiums, claims cost and profits.

McLeish Orlando stands behind  OTLA in ensuring that MPP officials are well informed. See below for the newsletter sent out by OTLA.

Continue reading

Ontario Court of Appeal Confirms: One Assessment of Damages, Multiple Deductibles

The Ontario Court of Appeal released its decision In Martin v. Fleming earlier this week.  The issue in dispute was whether a plaintiff who was injured in multiple collisions and is having both actions tried together to allow for a global assessment of damages is subject to one deductible for each claim.

In its brief reasons, the Court of Appeal agreed with the motions judge who held that the each collision or accident attracts a separate deductible:

The plain meaning of s. 267.5(7) is that the court determines the amount of general damages in an action by first determining the general damages in that action and then reducing that amount by the amount of the statutory deductible.

Global assessment is a methodology for determining damages where damages from multiple accidents overlap. Even where the court undertakes a global assessment, it must still determine the amount of general damages attributable to each action. It is in keeping with the wording of the provision and the scheme as a whole that, once the court has allocated the general damages for the individual action, it then reduces that amount by the amount of the statutory deductible.

I conclude that the statutory deductibles apply to each action. The plaintiffs’ motion is therefore dismissed.

While the decision can result in unfairness to a plaintiff, it was largely expected given the language in s. 267.5(7) of the Insurance Act.

The Ontario Neurotrauma Foundation releases “Guidelines for Mild Traumatic Brain Injury and Persistent Symptoms”

The majority of people who suffer mild traumatic brain injury recover within three months. However, up to 10 to 15 percent of people who suffer mild traumatic brain injury continue to have symptoms three months later. Research has shown that early diagnosis and management of mild traumatic brain injury greatly improves a patient’s outcome and reduces the impact of persistent symptoms.

Unfortunately, until now there have been no standardized guidelines that doctors or healthcare providers in Ontario could use to identify mild traumatic brain injuries early on or to treat individuals who suffer persistent symptoms following mild TBI.  To respond to this concern, the Ontario Neurotrauma Foundation appointed a team of medical experts, doctors, healthcare providers, and mild traumatic brain injury survivors from across Ontario, Canada and outside the country. The team reviewed and vetted relevant clinical guidelines published in the last 10 years, and consolidated this information into one standardized guideline. The results of this process are the Ontario Neurotrauma Foundation’s Guidelines for Mild Traumatic Brain Injury and Persistent Symptoms.

These guidelines will improve patient care by providing healthcare professionals with uniform, evidence based, best practice recommendations to effectively identify and treat individuals who suffer persistent symptoms following mild TBI. As part of Brain Injury Awareness Week, McLeish Orlando commends the work of the Ontario Neurotrauma Foundation and the project members who contributed to these guidelines in order to improve the care and quality of life for individuals living with the potentially devastating effects of mild traumatic brain injury.

Click here to read a brief summary of the guidelines for assessment and management in each of the 13 areas listed in the guidelines.

Kusnierz: A Return to Combining WPI Scores for Catastrophic Impairment

Seriously injured accident victims received an early Christmas present from the Ontario Court of Appeal this morning.  The Court released its long-awaited decision on catastrophic impairment in Kusnierz v. Economical Mutual Insurance Company.  In it, the Court reversed the decision of Mr. Justice Lauwers, who had held that assessors could not combine psychological and physical impairment scores to determine an injured person’s Whole Person Impairment (WPI) score.  Instead, the Court adopted the previous practice espoused by Spiegel J. in the 2004 decision of Desbiens v. Mordini.

Justice MacPherson, writing for a unanimous Court of Appeal, set out five reasons in support of its decision to allow the combining of physical and psychological impairment scores.

Continue reading