Author Archives: Admin4

Expanded ABS still bad for consumers: McLeish

Opening up law firm ownership to non-lawyers would still be bad news for personal injury victims, says Toronto critical injury lawyer John McLeish after the Law Society of Upper Canada (LSUC) reopened the debate on Alternative Business Structures (ABS).

The LSUC rejected a controversial proposal to allow non-lawyers to hold a minority interest in firms back in 2015 after encountering widespread opposition from within the profession.

http://www.advocatedaily.com/john-mcleish-expanded-abs-still-bad-for-consumers-mcleish.html

Motorcycles cause 10% of vehicle deaths in Ontario, study finds

A new study suggests motorcycles account for 10 per cent of all motor vehicle deaths in the province, and cost the health care system six times the amount of car crashes.

Dr. Daniel Pincus, who works at Sunnybrook Health Sciences Centre and is one of the authors of the study, told 680 NEWS that people need to realize that riding motorcycles has a higher risk of injury or death in an accident.

http://toronto.citynews.ca/2017/11/20/fatal-motorcycle-crashes/

https://www.sciencedaily.com/releases/2017/11/171120085439.htm

Minor injury caps coming to Newfoundland?

Brokers placing auto insurance in Newfoundland and Labrador should get in touch with politicians to put an ongoing review on their radar screen, and to let Insurance Bureau of Canada know whether they have any ideas on how to fix the system, IBC suggested this week.

https://www.canadianunderwriter.ca/insurance/minor-injury-caps-coming-newfoundland-1004123870/?utm_source=dlvr.it&utm_medium=twitter

How marijuana legalization could affect accident benefits

The upcoming legalization of marijuana will have a “resultant effect upon the accident benefits and damages recovered by those involved in motor vehicle accidents,” one lawyer suggested to Canadian Underwriter on Thursday.

https://www.canadianunderwriter.ca/insurance/marijuana-legalization-affect-accident-benefits-1004123856/

Brain Injury Peer Visitor Program

The lights in his hospital room were turned way down. I didn’t need to ask why. Light sensitivity is common for guys like us.

I crossed the threshold quietly, not sure if PTSD was part of his story.

“Hi I’m David,” I said, extending my hand in a friendly gesture.

https://www.linkedin.com/pulse/brain-injury-peer-visitor-program-david-a-grant

Insurer’s father-daughter psychology team blasted for dodgy testing of severely hurt motorcyclist

The decision is one of the most striking in a string of cases where adjudicators questioned the objectivity of health professionals testifying about accident victims

The circumstances of Sopher’s assessment were “outrageous,” added Rhona Desroches of the FAIR advocacy group.

“These are very seriously injured people and the quality of their lives hangs in the balance when these reports are written, and the testing has to be of a certain standard.”

http://nationalpost.com/news/canada/insurers-father-daughter-psychology-team-blasted-for-dodgy-testing-of-severely-hurt-motorcyclist#comments-area

Can a driver killing a pedestrian ever be put down to a ‘momentary lapse’ in concentration?

A judge and a defence lawyer spar over the question: What kind of behaviour can be called a “momentary lapse,” which, in criminal cases at least, excuses a motorist when he (or she) drives up on a sidewalk and kills a woman?

For John Hodgson, listening in the University Ave. courtroom Thursday, the question was anything but academic.

https://www.thestar.com/news/city_hall/2017/11/16/can-a-driver-killing-a-pedestrian-ever-be-put-down-to-a-momentary-lapse-in-concentration.html

Invisible injuries: legal roadblocks

In Part 2 of a three-part series on concussions, Toronto personal injury lawyer Alison Burrison describes the legal roadblocks faced by clients suffering from the long-term effects of mild brain injuries.

After suffering a concussion, it’s essential that patients see their doctors diligently for 18 months and report every symptom that may be associated with the injury, says Toronto personal injury lawyer Alison Burrison.

http://www.advocatedaily.com/alison-burrison-invisible-injuries-legal-roadblocks-1.html

WORKERS’ COMPENSATION – Benefits – Entitlement to benefits – Accident – Compensability of injuries – Psychological injuries – Stress – Legislation – Interpretation

Appeal by Hébert from the Appeals Tribunal (Tribunal) decision which dismissed his appeal from the denial of compensation benefits. Hébert worked as an ambulance attendant with Ambulance New Brunswick. He encountered several horrible situations as a result of his employment. Eventually, he became disabled and was diagnosed with post-traumatic stress disorder (PTSD). Hébert reported his condition to his employer in January 2014 and subsequently applied for benefits from the Workplace Health, Safety and Compensation Commission (Commission). The Commission denied his claim for benefits and his appeal to the Tribunal was dismissed. The Tribunal accepted evidence from a psychologist that Hébert suffered from PTSD, but found that events within the realm of what might be witnessed generally by ambulance drivers could not qualify as traumatic events for compensation purposes.

https://www.thelawyersdaily.ca/personalinjury/articles/5202/workers-compensation-benefits-entitlement-to-benefits-accident-compensability-of-injuries-psychological-injuries-stress-legislation-interpretation

Justice system delays compound crash victims’ suffering

Delays in the justice system are compounding the suffering of road crash victims, Toronto critical injury lawyer Patrick Brown writes in The Lawyers Daily.

Brown, a senior partner with McLeish Orlando LLP, says in the article that those who stick to their guns rather than accept a “low-ball” early offer from insurance adjusters must “buckle in for the long ride, seek out welfare and hope the lights are not shut out at the family home.”

http://www.advocatedaily.com/patrick-brown-justice-system-delays-compound-crash-victims-suffering.html