Tag Archives: personal injury

Patrick Brown on The Agenda With Steve Paikin: Toboggan Hills & Lawsuits

Citizens are crying foul after the City of Hamilton posted signs at popular tobogganing spots warning that sledding was banned and violators would be fined up to $5,000. Cash strapped municipalities say they don’t want to be grinches, but they just can’t afford to expose themselves to potential lawsuits. The Agenda asks McLeish Orlando’s Patrick Brown if this is creating a liability chill, and if our court system has lost touch with reality.

Watch the segment on toboggan hills below:

[youtube]https://www.youtube.com/watch?v=_hFchJl9YPA[/youtube]

Risky Business – Unregulated extreme sports are on the rise, along with lawsuits

By: Patrick Brown | Published in: The Lawyers Weekly February 6, 2015 Issue |

Extreme sports is a growing industry that is profiting from the human desire to experience the adrenaline rush associated with risk-laden activities. Whether it is racing down a ski hill on a mountain bike, falling from a white water raft, or climbing up a rock face, there is an increased appetite for such thrills. Continue reading

PIA Firms nominated for Canada’s Top Personal Injury Law Firms for 2015 by Canadian Lawyer Magazine

VOTE FOR CANADA’S TOP PERSONAL INJURY LAW FIRMS | We are pleased to announce that once again the 3 law firms of PIA Law, McLeish Orlando, Oatley Vigmond and Thomson Rogers, have been nominated by Canadian Lawyer Magazine in the category of Canada’s top personal injury law firms for 2015.

sealThe magazine is conducting a survey that invites all legal and healthcare professionals, as well as clients and others, to weigh in and vote on the 2015 rankings.

As you know, the member firms of PIA Law have been consistently selected as three of Canada’s top personal injury law firms.

If you feel that our three firms are worthy of this recognition, please vote for each one of the firms. Thank you

Voting is open until March 2nd.

Canadian Lawyer Magazine – Click here to Vote

Designating Traumatic Brain Injuries

As the phrase implies, “Traumatic Brain Injury” (“TBI”) refers to damage to a person’s brain as a result of trauma. TBIs have become a pervasive feature of the Canadian social landscape. Where, 30 years ago, certain kinds of trauma to a person’s head would have been fatal, medical advancements now result in more people surviving. This, in turn, means that an increased number of Canadians live with the ongoing effects of a TBI.

The symptoms of TBIs present on a spectrum – anywhere from mild and short-lasting on one end to severe and permanent on the other end. Continue reading

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.

Helmets on Kids Campaign Aims to Head Off Dangerous Trend

As seen on AdvocateDaily.com

Toronto (June 11, 2013) – Hundreds of young cyclists will be safer on Toronto streets, thanks to this year’s Helmets on Kids campaign launched at Blake Street Junior Public School. Helmets have been donated to 500 students, as part of a campaign aimed at stopping a dangerous trend.

 “The reality is that too many kids injured in cycling collisions in Toronto, are not wearing helmets,” said Patrick Brown, critical injury lawyer at McLeish Orlando LLP, organizer of the Toronto Helmets on Kids Campaign, and director of Cycle Toronto. “Studies show that helmets reduce the severity of head injuries, and it just makes sense to have kids wearing helmets.”

  • In 2012, 51 cyclists between the ages of five and 14 were injured in cycling collisions in Toronto. Of those, only 13 were wearing helmets;
  • Between 2006 and 2011, an average of 80 cyclists, between the ages of five and 14, were injured each year in cycling collisions in Toronto;

Toronto’s Helmets on Kids campaign was launched in 2009 by McLeish Orlando LLP. Over the past four years, the campaign has donated helmets to more than 1,500 public school students across Toronto. The Ontario Safety League, Toronto Police, Eastview Boys & Girls Club, Cycle Toronto, the Brain Injury Society of Toronto, the Ontario Trial Lawyers Association and Ward 30 Councillor Paula Fletcher support this year’s campaign. Cycle Solutions has also generously donated its time and services, to provide free bike tune-ups at the event.

“The simple fact is that helmets save lives,” said Brian Patterson, President of the Ontario Safety League. “We’re very proud to support a campaign that helps improve cycling safety for so many young people. We’re urging parents to make sure their kids are wearing helmets.”

Ontario passed a law in 1995, requiring cyclists under the age of 18 to wear a helmet. Parents can also be charged if they knowingly allow their children, who are under 16, to ride without a helmet on a roadway or sidewalk.

 

During this year’s campaign launch, Patrick Brown provided students with safe cycling tips that included the following:

  • Obey traffic signals and the rules of the road;
  • Ensure your bicycle has a bell, as well as reflectors and lights for night use;
  • Always yield to pedestrians, and use your hand signal for lane changes.

 

Watch City News

 

 

McLeish Orlando’s Toronto Helmets on Kids campaign is part of a province-wide Bike Helmets on Kids program started by members of the Ontario Trial Lawyers Association (OTLA) in 2002. Since its first event, held in London, Ontario, more than 19,000 helmets have been distributed to elementary school students. All helmets are purchased with funds donated by OTLA lawyers, their firms and other community sponsors.

In 2013, OTLA Bike Helmets on Kids events have taken place throughout May and June in Ottawa, Toronto, Aurora, Halton Region (Burlington), Peel Region, Barrie, Quinte West (Belleville and Trenton), Sudbury, Windsor, Simcoe County (Midland), and Thunder Bay. These events will help distribute an estimated 4,000 bicycle helmets this year to children in cities and regions across Ontario. For more information, visit www.otla.com.

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

Client Testimonial: Meet Dan

In his own words “McLeish Orlando really gave me an independent lifestyle”. Before Dan’s accident he was an athlete, a top student and a musician in school. Listen to Dan as he tells us how the McLeish Orlando team helped him regain his life and independence after his accident.

[youtube]http://www.youtube.com/watch?v=XrTzlXBbL4s[/youtube]

 

Brain Injury Series Part 2: The Ways a Brain Can Be Injured

This is the second of a series of blogs on Winning Strategies for Handling a Mild to Severe Brain Injury Case.

We first discussed the anatomy of the brain, including the structure of neurons.  Here we will discuss the ways that our brain can be injured and the implications that flow from the various kinds of injuries.

The brain is very delicate and is considered to be the consistency similar to that of gelatin.  If a brain is suddenly jolted or banged or twisted, it will cause a traumatic impact that ripples through the entire brain and can cause complications.  The brain is made up of billions of neurons that can be damaged by trauma to a person’s head.

Some of the ways damage can occur to a human’s brain is as follows:

Mild Traumatic Brain Injury or Concussion

The term mild traumatic brain injury is used interchangeably with the term concussion.  A concussion is caused by a blow or jolt to the head that disrupts the function of the brain.  Unlike more severe traumatic brain injuries, the disturbance of brain function from a concussion is caused more by dysfunction of brain metabolism rather than by structural damage.  The current understanding of the neuropathophysiology of a mild TBI involves a paradigm shift away from a focus on anatomic damage to an emphasis on neuronal dysfunction involving a complex cascade of ionic, metabolic and physiologic events.  After an impact causing a concussion, there is an increase in glucose metabolism, and then a subsequent reduced metabolic state.  These events interfere with the neuronal function in the brain and may lead to cell death after the injury.

Diffuse Axonal Shear

In a diffuse axonal shear injury many of the nerve cell pathways (axons) may be torn apart or stretched. This can cause a loss of connection between brain cells and can lead to a breakdown of overall communication among neurons in the brain. Information processing may be disrupted.  A diagram demonstrating the process of axonal shear appears below:

Coup – Contre-Coup

A coup contre-coup injury to the brain occurs when there is a sudden impact to the head, which causes the brain to first slam into one side of the skull wall, then bounce off that wall and slam into the wall on the opposite side of the skull.  Continue reading