Ontario's Personal Injury Law Firm
Articles
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James L. Vigmond
A collection of writings from Jim Vigmond on Medical Malpractice, Medical professionals, mediation and more.
View ArticlesRoad Warriors
A review of liability of the Province of Ontario and municipalities in motor vehicle accident cases.
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.
Developing Damages
Insight into how to determine, plan, work for, and win appropriate damages for your client.
The Eroding Threshold
The threshold as it relates to serious bodily injury cases.
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.
Preparing for Mediation
Is this a case I want to take to trial? The efforts and rewards of mediation.
Ryan A. Murray
Read Ryan Murray's legal articles on drafting common motions, occupier's liability, closing arguments and more.
View ArticlesThe Latest Word from FSCO and Judges on Relevant Facebook Production Issues
This article (co-authored with Liane Shepley) reviews the case law surrounding an injured person's obligation to produce photographs and information from Facebook in personal injury litigation
Could, Woulda, Shoulda: Duty of insurance brokers to explain optional coverage
This article (co-authored with Roger Oatley) reviews the potential liability of insurance brokers for failing to offer optional auto coverage to their clients.
How Your SABS File Works Your Tort Claim and Builds Your Special Damages
This article was presented at a 2011 conference of law clerks. It describes the interaction between the tort and accident benefits systems.
The SABS Experience: One Year Later
This article was first published in The Health Professional magazine in September 2011. It reviews the effect of the September 1, 2010 changes to the accident benefits system for health care professionals.
Municipalities not liable when drivers are reckless
This article (co-authored by Roger Oatley) reviews the law regarding claims brought against road authorities for failure to keep the road in a state of good repair.
Road Authority Claims and the "Ordinary Driver"
This article (co-authored with Roger Oatley) examines road authority claims in light of the 2010 Superior Court of Justice decision in Deering v. Scucog (Township) et al.
Expert Panel Recommends Significant Changes to Ontario Definition of "Catastrophic Impairment"
This article (co-authored with Roger Oatley) discusses the recent FSCO Expert Panel report on Catastrophic Impairment.
Preparing an Expert Witness for Trial
An article written for young lawyers regarding preparing an expert witness for trial, first published in the OTLA Litigator magazine - June 2011 issue
An Overview of Accident Benefits and How to Build Your Accident Benefits File
This article written for paralegals provided an overview of the accident benefits ("AB") system and tips for building up an AB file.
Why You Need More Insurance Coverage
This article (co-authored with Roger Oatley) discusses the September 1, 2010 changes to the no-fault accident benefits system in Ontario.
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.
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.
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.
Drafting Common Motions
A primer for law clerks on how to draft common motions in Ontario personal injury lawsuits.
Jury Practice: Pleadings
An examination of the use and availability of jury trials in civil actions in Ontario.
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.
Inexpensive Demonstrative Evidence
An article written for law clerks on inexpensive ways to create demonstrative evidence for a personal injury trial.
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.
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.
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.
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.
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.
Representing a Minor Plaintiff in a Personal Injury Action
This article examines the potential issues for a lawyer who represents a minor plaintiff in a personal injury claim.
Roger G. Oatley
Legal articles by Roger Oatley as well as selections from his feature series, The Law and You.
View ArticlesCould, Woulda, Shoulda: Duty of insurance brokers to explain optional coverage
This article (co-authored with Ryan Murray) reviews the potential liability of insurance brokers for failing to offer optional auto coverage to their clients.
Municipalities not liable when drivers are reckless
This article (co-authored by Ryan Murray) reviews the law regarding claims brought against road authorities for failure to keep the road in a state of good repair.
Expert Panel Recommends Significant Changes to Ontario Definition of "Catastrophic Impairment"
This article (co-authored with Ryan Murray) discusses the recent FSCO Expert Panel report on Catastrophic Impairment.
Road Authority Claims and the "Ordinary Driver"
This article (co-authored with Ryan Murray) examines road authority claims in light of the 2010 Superior Court of Justice decision in Deering v. Scucog (Township) et al.
Why You Need More Insurance Coverage
This article (co-authored with Ryan Murray) discusses the September 1, 2010 changes to the no-fault accident benefits system in Ontario.
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.
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.
Using Computer Technology in the Courtroom
An analysis of the growing use of computers and computer simulations in Canadian courtrooms.
Making Invisible Injuries Visible
Tips and techniques for ensuring juries understand the nature and extent of "hard to see" injury.
Conducting a Child's P.I. Claim
Children have special needs when conducting Personal Injury claims.
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.
The Right to Sue is Alive and Well
Many people are unaware or their rights when it comes to seeking legal redress.
Occupier's Liability
A discussion of your liability as a property owner as set out in The Occupier's Liability Act.
The Independent Bench and Bar
The importance of maintaining an independent bench and bar - illustrated by someone who has seen the alternative.
The Tragedy of "Mild" Brain Injury
The difficulties and challenges that face victims and their families.
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.
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.
Troy Lehman
Some of the articles written by Troy Lehman on various issues relating to personal injury law and practice.
View ArticlesDemonstrative Evidence
This article reviews the law relating to the use of demonstrative evidence at trial. Demonstrative evidence includes illustrations, charts, anatomical models and even computer simulated animations. The lawyers at Oatley, Vigmond use the latest demonstrative evidence to persuasively present our clients cases.
Settlement Approval
Where a settlement is reached on behalf of a child or on behalf of a person who is mentally incapable of making financial decisions the settlement must be approved by the Court. The Court reviews not just the amount of the settlement but the investment and proposed management of the settlement funds. This article discusses various issues relating to the approval of settlements.
The New Rules Relating to Expert Evidence
Expert witnesses are needed in order to properly present a personal injury case to the Court. This paper discusses the rules relating to the use of expert evidence in the Courtroom.
Catastrophic Determiniation: Combining Physical and Psychological
This paper reviews the Courts' interpretation of the "catastrophic impairment" threshold for people with a combination of impairments. This is a very significant issue for people seriously injured in motor vehicle accidents. People who met the definition of catastrophic impairment are entitled to enhanced benefits from their insurance companies. Troy Lehman successfully argued the Arts v. State Farm case which is an important case in this area of the law.
Brian Cameron
Read some of the legal articles written by Brian Cameron on personal injury law
View ArticlesRecommended Changes to the Definition of Catastrophic Impairment
A FSCO committee has made recommendations, which if adopted, would reduce the number of people with serious injuries who would qualify as catastrophically impaired still further.
Eve Rogers
Some of the articles written by Eve Rogers on various issues relating to personal injury law and practice.
View ArticlesSpecial Considerations for Children Under the SABS
This article summarizes the various ways in which the SABS deals with children and takes a look at how the proposed changes to the definition of catastrophic impairment may affect children.
Robert M. Durante
Read some of the legal articles written by Robert M. Durante on personal injury law View Articles
View ArticlesBankruptcy Personal Injury Claims after Morasch and Conforti
Many personal injury actions include a significant claim for income loss, future loss of earning capacity or loss of competitive advantage.
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