Ontario’s Personal Injury Law Firm
Font Size: Larger TextSmaller Text

We are leaders in the legal community.

  • James L. Vigmond

    A collection of writings from Jim Vigmond on Medical Malpractice, Medical professionals, mediation and more.
    View Articles

    Road Warriors

    A review of liability of the Province of Ontario and municipalities in motor vehicle accident cases.
    View Article

    Jury Openings in MedMal Cases

    An essay on crafting opening statements to a jury during a Medical Malpractice trial. Excerpts from the Cubello case included.
    View Article

    Developing Damages

    Insight into how to determine, plan, work for, and win appropriate damages for your client.
    View Article

    The Eroding Threshold

    The threshold as it relates to serious bodily injury cases.
    View Article

    The Unfriendly Doctor

    An uncooperative or hostile physician need not stay that way. Here are some tips, techniques and some plain common sense for getting the doctor on -- or close to --your side.
    View Article

    Preparing for Mediation

    Is this a case I want to take to trial? The efforts and rewards of mediation.
    View Article

  • Roger G. Oatley

    Legal articles by Roger Oatley as well as selections from his feature series, The Law and You.
    View Articles

    Social Host Liability - Has the Time Come?

    Traditional beliefs about social host liability are under attack by a public which is increasingly intolerant of drinking and driving. Read Roger Oatley and Robert Durante's analysis as they review the law and offer the evidence to support their view that it is only a matter of time and the right case before the law is rewritten on this issue.
    (Canadian Bar Association - November 10, 2000)
    View Article

    Strategies for Proving that Chronic Pain is Physical

    Though injury-related pain may be very real to your client, juries and others may be biased against accepting it. Read Roger's strategies for making pain "real" in the courtroom.
    (Law Society of Upper Canada, December 1, 1999)
    View Article

    Using Computer Technology in the Courtroom

    An analysis of the growing use of computers and computer simulations in Canadian courtrooms.
    (Continuing Legal Education Society of British Columbia - Evidence Update - June 11, 1999)
    View Article

    Making Invisible Injuries Visible

    Tips and techniques for ensuring juries understand the nature and extent of "hard to see" injury.
    (OTLA Spring Conference - May 21, 1998)
    View Article

    Conducting a Child's P.I. Claim

    Children have special needs when conducting Personal Injury claims.
    (The Canadian Institute Program - Thursday, April 18, 1996)
    View Article

    Strategies for the Extraordinary Case

    A few carefully crafted openings, along with a keen awareness of the other side's interests are just a few of the techniques for turning an ordinary case extraordinary, maximizing damages along the way.
    (Law Society of Upper Canada, June 11, 1997)
    View Article

    The Right to Sue is Alive and Well

    Many people are unaware or their rights when it comes to seeking legal redress.
    (For the Barrie Examiner)
    View Article

    Occupier's Liability

    A discussion of your liability as a property owner as set out in The Occupier's Liability Act.
    View Article

    The Independent Bench and Bar

    The importance of maintaining an independent bench and bar - illustrated by someone who has seen the alternative.
    (For the Barrie Examiner)
    View Article

    The Tragedy of "Mild" Brain Injury

    The difficulties and challenges that face victims and their families.
    (For the Barrie Examiner)
    View Article

    Liability for Swimming Accidents: Plaintiffs Have Many Avenues to Recover Damages

    This article (co-authored with Ryan Murray) examines various legal grounds on which liability can be established in swimming and diving accident cases.
    View Article

    Courts Ignore Rules for Lump Sum Discount Rates

    This article (co-authored with Ryan Murray) examines the recent trend of Ontario courts awarding future health care costs using a method of calculation that is more favourable to injured plaintiffs.
    View Article

  • Ryan A. Murray

    Read Ryan Murray's legal articles on drafting common motions, occupier's liability, closing arguments and more.
    View Articles

    Accessing Housing Renovations and Modifications through Accident Benefits

    A review of Accident Benefits pertaining to home, work and vehicle modifications and renovations in motor vehicle accident cases.
    View Article

    From Indermaur v. Dames to Kamin v. Kawartha Dairy Limited: The Evolution of Occupiers' Liability Law in Ontario

    This article tracks the history and evolution of the law governing occupier's liability in Ontario.
    View Article

    Collateral Benefit Deductibility Update: Meloche v. Mckenzie

    An analysis of whether Canada Pension Plan disability benefits are deductible from damages awarded as a result of personal injuries suffered in an Ontario motor vehicle accident.
    View Article

    Drafting Common Motions

    A primer for law clerks on how to draft common motions in Ontario personal injury lawsuits.
    View Article

    Jury Practice: Pleadings

    An examination of the use and availability of jury trials in civil actions in Ontario.
    View Article

    Boundaries of Closing Arguments – How to avoid crossing the line

    This article (co-authored with Roger Oatley) examines the case of Abdallah v. Snopek and the boundaries of closing argument in an Ontario civil trial.
    View Article

    Inexpensive Demonstrative Evidence

    An article written for law clerks on inexpensive ways to create demonstrative evidence for a personal injury trial.
    View Article

    The Co-Mingling of Med/Rehab and Attendant Care Expenses: How to Get It Straight For Fair Cash-outs

    This article highlights the importance of properly categorizing the nature of the treatment and attendant care provided to the client in a catastrophic Accident Benefits file.
    View Article

    Liability for Swimming Accidents: Plaintiffs Have Many Avenues to Recover Damages

    This article (co-authored with Roger Oatley) examines various legal grounds on which liability can be established in swimming and diving accident cases.
    View Article

    Courts Ignore Rules for Lump Sum Discount Rates

    This article (co-authored with Roger Oatley) examines the recent trend of Ontario courts awarding future health care costs using a method of calculation that is more favourable to injured plaintiffs.
    View Article

    Recent Changes to the Rules of Civil Procedure: How do they Affect You?

    An article written for law clerks discussing the January 1, 2010 changes to the Rules of Civil Procedure.
    View Article

    Collateral Benefits - What is Deductible, What Isn't?

    This paper describes when and how a defendant in a lawsuit receives credit for benefits (e.g. long-term disability insurance) that are available to a person injured in a motor vehicle accident.
    View Article

     

  • Annette D. Jansen

    Read Annette Jansen's legal articles on mandatory mediation, litigation, arbitration and more.
    View Articles

    Timing is Everything: Timetables, Case Management & Mandatory Mediation

    This article outlines the changes to the Rules of Civil Procedure regarding Case Management and Mandatory Mediation.
    View Article

    Should you Litigate or Arbitrate?

    This article (co-authored with Brian M. Cameron) discusses the advantages and disadvantages of litigating or arbitrating your accident benefit disputes.
    View Article

     

Lexpert 2010