In reviewing the Ontario Governments new
regulations governing auto insurance, you may be
left with the impression that the province has
bowed to industry demands yet again with a slate
of amendments that further erode the rights of
accident victims. This latest government handout
to the insurance industry will likely prove to have
The Insurance Bureau of Canada (IBC) brought
pressure to bear on the Ontario Government with
a scare tactic campaign centred around rising
premium costs. The industrys recent demand for
insurance reform and premium increases is simply a
rehash of the pleas heard by the same parties in 2002.
In the past, insurance executives admitted that
their cycles of protability are largely due to how
they price their product during good times and
the level of risk assumed in their investment deci-
sions. When those decisions work in their favour,
the industry enjoys gargantuan prots as they did
during the 2003-2007 period, including record
prots in 2004 and 2005. When the
insurance market softens and the
stock market slips, the industry
expects Ontario drivers to smooth
out the rough spots.
As of September 1, 2010, the new Statutory Accident
Benets Schedule (SABS) will include a host of
changes such as:
Replacing the existing Pre-Approved Framework
Guideline for Grade I and II Whiplash Associated
Disorders with a new Minor Injury Guideline for
accidents occurring on or after September 1, 2010
and capping medical/rehabilitation and assess-
ment/examination expenses for minor injuries
Reducing medical and rehabilitation coverage
for non-catastrophic claims to $50,000, inclusive
of all assessment and examination costs incurred
by the injured claimant.
Reducing attendant care cover-
age for non-catastrophic claims
Ontario SABS changesfurther erode accidentvictim rights
Queens Park enacts legislation that reduces
Accident Benets for Ontario drivers.
Eliminating caregiver, housekeeping and home
maintenance benets for non-catastrophic
Capping each assessment to $2,000 this
applies for all assessments, whether they are
requested by the claimant or insurer.
Providing payment for in-home assessments
only to claimants who have sustained more
than a minor injury.
Eliminating rebuttal examinations.
Oering $2,500 for accounting reports to support
income replacement claims.
Merging treatment plans and applications for
approval of assessments or examinations into
This erosion of rst party rights has been counter
balanced to a small extent by a minimal restoration
of tort rights. The new regulation includes the
elimination in fatality claims of the statutory
deductible of $15,000 from Family Law Act awards
of $50,000 or less.
For more information about the changes to auto
insurance and practical strategies for dealing with
the implications of the changes, visit us at
www.mcleishorlando.com and view our free
recorded webinar. The webinar will be available
until June 24, 2010.
Ontario SABS changes continued
The world watched in horror as Haiti was devastated
by an earthquake on January 12, 2010. People and
charities around the world mobilized to donate
their time and money to help Haiti rebuild.
GlobalMedic, a disaster relief organization of
Canadian paramedics and emergency workers
was one of the rst to respond. Within 24 hours
of the earthquake, a team from GlobalMedic was
in a helicopter en route to Haiti. Rahul Singh, a
paramedic and founder of the not-for-prot
group, has led more than 25 missions into disaster
zones in the past decade. When Rahul and his
team arrived in Haiti, they set to work to provide
Haitians with clean drinking water.
To assist GlobalMedics eorts, the lawyers and sta
of McLeish Orlando held a fundraiser on January 15,
2010 and collected $5,000. GlobalMedic is using the
donation to purchase water purication systems
that will supply clean drinking water to more than
3,000 Haitians each day.
McLeish Orlando salutes GlobalMedics eorts in
Haiti and was proud to contribute to the cause.
We invite you to learn more about GlobalMedic
by visiting www.globalmedic.ca.
McLeish Orlando Raises $5,000 GlobalMedics Haiti Relief
Clean drinking water thanks to the eorts of
GlobalMedic, a Toronto-based relief agency.
David Virgoe celebrated Fathers
Day on June 17, 2007 by meeting
his newborn grandson Joshua for
the rst time.
It was an exciting time for David
and his wife Debbie. In addition
to welcoming their fth grand-
child into the world, David and Debbie were nal-
izing the purchase of a new home in Angus,
Ontario and were scheduled to move in on July 6.
Tragically, David Virgoes life was cut short.
On the morning of June 18, David was driving an
18-wheel tractor-trailer northbound on Highway 400
to pick up a load from Midland, Ontario. A veteran
commercial truck driver with more than 25 years
experience, David took great pride in his work.
Behind David, the drivers of three cars were
speeding, making sudden lane changes and
following too closely as they approached the
tractor-trailer. One of the drivers lost control of
his car as he attempted to pass the tractor-trailer,
striking the trucks passenger side. The impact
propelled Davids tractor-trailer across two lanes
into a Jeep in the left lane and then into the guard
rail. The force of the trucks impact was so severe
that it peeled the guard rail o of its posts.
Davids tractor-trailer started to jack-knife and
was in danger of swinging out into the busy south-
bound lanes of Highway 400 where it almost
certainly would have caused numerous head-on
collisions and deaths. At that moment, David
intentionally steered his tractor-trailer hard to the
right, across all three northbound lanes and into
the passenger-side ditch to prevent further
collisions and injuries. His rig ipped over and
rolled, killing David.
Davids ultimate sacrice has been honoured with
numerous awards, most recently The Governor
Generals Medal of Bravery. On February 4, 2010,
Debbie Virgoe attended the medal ceremony at
Rideau Hall and accepted the award on Davids
behalf. He was awarded the Goodyear Highway
Hero Award in March 2008, the rst time this
award was given to a Canadian, and the Commis-
sioners Citation for Bravery in October 2007.
Debbie Virgoe is determined to ensure that David
did not make his sacrice in vain, and that his
death would bring about meaningful change. She
has volunteered with victims groups and worked
with Project E.R.A.S.E (Eliminate Racing Activity
on Streets Everywhere).
After learning that the drivers of the cars involved
in the collision did not have valid insurance policies,
Debbie began advocating for changes to prevent
uninsured drivers from being able to renew the
stickers for their licence plates. As a result of Debbies
eorts, in September 2009, her MPP introduced
a motion to allow for this change. The motion
was supported by all parties.
Debbie also organizes an annual charity golf tour-
nament in Davids memory. All proceeds go to the
Ontario Trucking Association Education Foundation
to assist the children of Ontario truck drivers who
have been killed or seriously injured. The fourth
annual tournament will take place on September
18, 2010. For more information on this event and
Debbies advocacy visit www.davidvirgoe.org
McLeish Orlando is proud to represent the Virgoe
family and supports Debbie in her pursuit of
victims rights and road safety.
David Virgoes story of heroism
Debbie Virgoe helps mobilize Ontario truckers
and their rigs with a critical message.
22nd The Tricks of the Trade 2010 Practical Strategies
for Settling Cases: The 98% Solution
Dale Orlando spoke to the Advocates Society about
Bill 198: Tort & Accident Benet Amendments.
25th to 26th The Canadian Institutes 8th Annual
Forum on Personal Injury Settlements
Patrick Brown co-chaired this conference and discussed
the strategic use of experts. Kate Mazzucco presented
on important procedural rule and case law updates.
Dale Orlando spoke on a damages panel about recent
developments and key considerations.
5th The Lawyers Weekly
Kate Mazzucco authored Court allows indirect cross-
examination of expert.
16th The 35th Annual OBA Institute of Continuing
Legal Education Program on Civil Litigation:
Brave New World: New Rules and New Technology
John McLeish presented on the use of demonstrative
evidence at trial.
18th Bridgepoint Hospital Lunch and Learn
Patrick Brown and Kate Mazzucco spoke on dealing
with the police, adjusters and lawyers in the hospital.
7th The Law Society of Upper Canadas
Oatley-McLeish Guide to Motor Vehicle Litigation