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Court

How to Deal With 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.

Catastrophic Determination: Combining Physical and Psychological

This article 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.

Developing Damages

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

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.

Demonstrative 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.

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.