Recently, the insurance industry has

called for a drastic reduction in the

amount of compensation that is to be

paid out to innocent accident victims.

In their Five Year Review Submission to

the Government, the Insurance Bureau

of Canada seeks to further erode the

rights of the injured accident victim.

Ontario Citizens should not forget the

stellar profits made by the industry in the

last number of years.

Profits earned after

the insurance industry

convinced the

Government to make

various changes to

reduce compensation by

doubling the pain and

suffering deductible up

t o $ 3 0 , 0 0 0 . 0 0 .

The Insurance industry is now

requesting that further changes be

made to reduce reasonable and fair

compensation to the injured. They are

calling on the Government: to reduce

future care costs awards by the use of

arbitrary service and care rates that do

not reflect real market rates;

elimination of the long standing legal

principal of joint and several liability;

limit the number of individuals who

are to be deemed catastrophic; and

reduce awards by determining the

value of other insurance policies and

collateral benefits but not requiring

that such benefits ever be paid.

The changes are in addition to the

extensive and widespread request by the

industry to reduce accident benefits.

They call for these changes due to rising

claims costs, however, they themselves

hold on to the costing data and refuse to

share it with the public.

All Ontario citizens should be voicing

their concerns to the Government on

what the industry is trying to achieve. It

is time to restore the balance, not to tip

the scales further to the side of the

insurance industry. Join others such as

OTLA, the OBA, United Seniors

Citizens of Ontario and Canadian

Federation of Students in seeking to

restore the balance! �

TABLE OF CONTENTS

1 • Insurance Industry LookingFor More Cuts!

2 • Taylor’s Story

3 • A “Never Quit” Attitude

• Plaintiffs Face New Challengesto Proving Future Care Costs

4 • Recent & Upcoming Events

Insurance Industry Lookingfor More Cuts!

4

SEPTEMBER 2008• 20th - International Association of Lifecare Planners, Certification

Program for Life Care PlannersPhoenix, Arizona Patrick Brown presented on “Trusts and Guardianships”.

OCTOBER 2008• 30th & 31st - Ontario Trial Lawyers Association: 2008 Fall

Conference -- The Road to Trial: Successful Trial StrategiesThe Westin Prince Hotel, TorontoPatrick Brown, John McLeish and Dale Orlando were co-chairs of thisconference. John McLeish also presented on “Cross Examination of aDefence Doctor”. Alison Burrison presented on “Top Five AccidentBenefits Cases”. Rikin Morzaria presented on “Proving Future Cost ofCare: The New Era”. Kate Mazzucco presented on “Gearing Up forTrial”.

NOVEMBER 2008• 6th - 8th - The Toronto Rehab 3rd National Spinal Cord Injury

ConferenceThe Toronto Rehabilitation Institute and The Hilton, TorontoMcLeish Orlando LLP was a lead sponsor for this conference.

• 10th - The Oatley-McLeish Guide to Motor Vehicle Litigation –Part I: Tort Law UpdateLaw Society of Upper Canada, TorontoJohn McLeish co-chaired this conference and presented on “TheDefence Medical Expert: Cross-Examination Techniques”. SalvatoreShaw presented on “Loss of an Interdependent Relationship” andRikin Morzaria presented on “Proving Future Cost of Care at Trial”.

• 14th- Atlantic Provinces Trial Lawyers Association Conference,The ABC and D’s of Auto InsuranceDelta Hotel Conference Centre, Halifax, Nova ScotiaPatrick Brown was the keynote speaker at the conference. He presentedon “Breaking the Cap and the Threshold” and “Making the InsurerPay for Bad Faith”.

• 21st - The Oatley-McLeish Guide to Motor Vehicle Litigation –Part II: Accident Benefits and Practical IssuesLaw Society of Upper Canada, TorontoJohn McLeish co-chaired this conference. Dale Orlando presented on“Causation: An Update Post Resurface”. Kate Mazzucco presented on“The Latest on Disability: Entitlement to Income Replacement Benefitsand Non-Earner Benefits”. Alison Burrison presented on “ObtainingCourt Approval: Some Modern Realities and Strategies”.

JANUARY 2009• 16th - The Advocates Society Tricks of the Trade 2009 Conference:

Practical Strategies for Winning Medical Legal BattlesThe Carlu, College Park TorontoDale Orlando is co-chairing this conference. Dale and his co-chairarranged for Erin Brockovich to be the keynote speaker at theconference. Erin Brockovich, whose story was the subject of the 2000Hollywood film, Erin Brockovich. Rikin Morzaria is presenting on“Scheduling Your Medical Legals - When is it Too Late?”

FEBRUARY 2009• 1st – 4th – Ontario Trial Lawyers’ Association Ski & CLE

The Lodge at Vail, Vail, ColoradoPatrick Brown and Dale Orlando are co-chairing this conference.

• 6th - Toronto Rehab -Mild Traumatic Brain Injury: Challengesand Controversies in DiagnosesMcLeish Orlando LLP is one of two co-sponsors of this event. JohnMcLeish and Dale Orlando are also two of the co-chairs of theprogram. John and Dale will be participating in a mock trial todemonstrate how to examine a treating doctor and cross-examine adefence doctor.

• 23rd -24th - Canadian Institute’s Forum on Personal InjurySettlements, Resolution Orientated Case Management, Mediation,and Arbitration Patrick Brown will be co-chairing this conference. Patrick Brown willalso be the moderator for the panel on “Achieving SuccessfulNegotiations with Claims Adjusters: Tips and Best Practices”. JohnMcLeish will be speaking on the panel on “What’s the Damage ReallyWorth? Key Considerations and Recent Trends”.

MARCH 2009• 3rd - Law Society of Upper Canada Continuing Legal Education

Program for ClerksLaw Society of Upper Canada, Toronto Dale Orlando will be a presenting on “30 Days Before Trial –Plaintiff ’s Perspective”. Patrick Brown will be presenting on“Harnessing the Power of Lay Witnesses”.

APRIL 2009• 23rd - American Association for Justice

Atlantic City, New JerseyJohn McLeish is presenting a paper entitled “How to Cross-examinethe Defence Doctor and Score Points”.

JUNE 2009• 10th – 12th - Ontario Trial Lawyers Association Long Range

PlanningPatrick Brown, current President, and Dale Orlando, current VicePresident, will be participating in a series of long range planningmeetings for the organization.

• 11th - Practical Strategies ConferenceThe Carlu, College Park, TorontoDale Orlando and John McLeish with be co-chairing this conference.

Recent & Upcoming Events

Toronto: One Queen Street East, Suite 1620Toronto ON M5C 2C5

416-366-3311 1-866-685-3311

Barrie: 92 Caplan Avenue, Suite 221Barrie, ON L4N 0Z7

705-725-9098

Hamilton: One Hunter Street EastHamilton, ON L8N 3W1

905-574-6210

www.mcleishorlando.com

McLeish pantone january09 1/14/09 3:42 PM Page 1

A “Never Quit” Attitude

2 3

On a beautiful, sunny afternoon on February 16, 2002, the lifeof 22 year old Melissa Vassallo changed forever. It was springbreak at Queen’s University. Melissa and four friends hadrented a Ford Explorer for a trip to Florida. Melissa’s friend,Leslie Piccinato, was driving the Explorer south on Interstate95 in Georgia. Melissa was sitting in the back seat behindLeslie with her seat belt on. Leslie hit some loose gravel andlost control of the Explorer. The Explorer rolled over a numberof times. Tragically, two of Melissa’s friends were killed in therollover.

Melissa suffered massive internal injuries and a number ofbroken bones. Paramedics airlifted Melissa by helicopter toMemorial Health University Hospital in Savannah. On thehelicopter, Melissa told the paramedics she was going to live.

Because her condition was so serious, the doctors at MemorialHealth put Melissa into a medically induced coma for 14 days.When the doctors brought Melissa out of the coma, Melissatried to say something to her mother. Because she had abreathing tube in her throat, she could only “mouth” the words.Her mother moved closer and asked Melissa to try again. She

mouthed the words, “Thank you”. Melissa then tried to mouthseveral other words. After several tries, her mother finallyunderstood what Melissa was mouthing: “I would like to shakethe hand of the doctor who saved my life”.

After 9 operations in 6 weeks at Memorial Health UniversityHospital, Melissa was flown to Sunnybrook Hospital inToronto. She underwent over a dozen more surgeries atSunnybrook and remained there for over a year. Melissa thenspent a further 10 weeks at West Park Rehab Hospital.

Over the next six years, doctors marvelled at Melissa’sdetermination to get back to a normal life and her tireless workethic. Today, Melissa is pursuing a Master’s degree indisability studies at York University, does volunteer work inher community, and lives on her own in a condominium inOakville.

Melissa credits her wonderful team of doctors and rehabprofessionals with her recovery. Those of us who knowMelissa understand the huge role that her “never quit” attitudeand her positive outlook played in her remarkable recovery. �

Plaintiffs Face New Challenges toProving Future Care CostsIn two recent decisions, the Ontario Superior Court of Justice

ruled that future care experts cannot make recommendations to

a jury about an injured person’s future care needs. In Song v.

Hong and Frazer v. Haukioja, the Court held that doctors and

other regulated health specialists must generate

recommendations within the area of their expertise regarding

an injured person’s need for future treatment and care.

According to these decisions, the role of the future care expert

is to identify the specific device that meets a need articulated

by an appropriate health professional, and to provide evidence

about the costs and life cycles of goods and services.

Traditionally, future care experts have been permitted to make

their own recommendations regarding such needs after

consulting with doctors and other health professionals. As a

result of the Song and Frazer decisions, health professionals

such as doctors, psychologists, occupational therapists, and

physiotherapists, must first provide their opinions about the

future care needs of an injured person.

The Song and Frazer decisions will arguably result in longer

and more costly trials since plaintiffs will need to call

numerous witnesses to present evidence that would previously

have been delivered by a single expert. Similarly, defendants

will have to obtain opinion evidence from numerous health

practitioners on the issue of future cost of care, rather than

retaining a single future care expert to prepare a critique. It

remains to be seen whether future decisions will follow the

approach of Song and Frazer, or whether courts will return to

the traditional approach of allowing a future care expert to

make recommendations in consultation with other

professionals. �

Tuesday July 15, 2008 started out like most other days for

Taylor Lindsay Noel. Taylor was a 14 year old elite gymnast

with hopes of competing at the 2012 Olympic Games. As she

had on most days since the age of 4, Taylor reported to the

gym for training. On this day, Taylor was practicing a new

dismount off of the high bar with her coach when tragedy

struck. Taylor missed the dismount, came crashing down onto

the mat, landing on her head and severely damaged her spinal

cord. Taylor remains a patient at Bloorview Kids Rehab

Hospital, paralyzed from the neck down.

Rowena Lindsay is a single mother, who is faced with the

challenge of trying to manage all of Taylor’s care needs. The

task is daunting as the cost of Taylor’s care far exceeds

Rowena’s annual income.

Exhibiting strength of character and determination matched

only by that of her daughter, Rowena has put her efforts into

fundraising for Taylor’s future care needs. One of those

fundraising events that members of McLeish Orlando

participated in was the Team Taylor Miracle Maker’s

Walkathon that was held on Sunday October 19, 2008. The

event was a huge success with several hundred walkers taking

part and over $30,000.00 being raised for Taylor’s care.

Anyone interested in making a donation to this worthy cause can

forward their donations to the offices of McLeish Orlando with

cheques made payable to “Team Taylor Miracle Makers”. �

Taylor’s Story

McLeish pantone january09 1/14/09 3:42 PM Page 2

A “Never Quit” Attitude

2 3

On a beautiful, sunny afternoon on February 16, 2002, the lifeof 22 year old Melissa Vassallo changed forever. It was springbreak at Queen’s University. Melissa and four friends hadrented a Ford Explorer for a trip to Florida. Melissa’s friend,Leslie Piccinato, was driving the Explorer south on Interstate95 in Georgia. Melissa was sitting in the back seat behindLeslie with her seat belt on. Leslie hit some loose gravel andlost control of the Explorer. The Explorer rolled over a numberof times. Tragically, two of Melissa’s friends were killed in therollover.

Melissa suffered massive internal injuries and a number ofbroken bones. Paramedics airlifted Melissa by helicopter toMemorial Health University Hospital in Savannah. On thehelicopter, Melissa told the paramedics she was going to live.

Because her condition was so serious, the doctors at MemorialHealth put Melissa into a medically induced coma for 14 days.When the doctors brought Melissa out of the coma, Melissatried to say something to her mother. Because she had abreathing tube in her throat, she could only “mouth” the words.Her mother moved closer and asked Melissa to try again. She

mouthed the words, “Thank you”. Melissa then tried to mouthseveral other words. After several tries, her mother finallyunderstood what Melissa was mouthing: “I would like to shakethe hand of the doctor who saved my life”.

After 9 operations in 6 weeks at Memorial Health UniversityHospital, Melissa was flown to Sunnybrook Hospital inToronto. She underwent over a dozen more surgeries atSunnybrook and remained there for over a year. Melissa thenspent a further 10 weeks at West Park Rehab Hospital.

Over the next six years, doctors marvelled at Melissa’sdetermination to get back to a normal life and her tireless workethic. Today, Melissa is pursuing a Master’s degree indisability studies at York University, does volunteer work inher community, and lives on her own in a condominium inOakville.

Melissa credits her wonderful team of doctors and rehabprofessionals with her recovery. Those of us who knowMelissa understand the huge role that her “never quit” attitudeand her positive outlook played in her remarkable recovery. �

Plaintiffs Face New Challenges toProving Future Care CostsIn two recent decisions, the Ontario Superior Court of Justice

ruled that future care experts cannot make recommendations to

a jury about an injured person’s future care needs. In Song v.

Hong and Frazer v. Haukioja, the Court held that doctors and

other regulated health specialists must generate

recommendations within the area of their expertise regarding

an injured person’s need for future treatment and care.

According to these decisions, the role of the future care expert

is to identify the specific device that meets a need articulated

by an appropriate health professional, and to provide evidence

about the costs and life cycles of goods and services.

Traditionally, future care experts have been permitted to make

their own recommendations regarding such needs after

consulting with doctors and other health professionals. As a

result of the Song and Frazer decisions, health professionals

such as doctors, psychologists, occupational therapists, and

physiotherapists, must first provide their opinions about the

future care needs of an injured person.

The Song and Frazer decisions will arguably result in longer

and more costly trials since plaintiffs will need to call

numerous witnesses to present evidence that would previously

have been delivered by a single expert. Similarly, defendants

will have to obtain opinion evidence from numerous health

practitioners on the issue of future cost of care, rather than

retaining a single future care expert to prepare a critique. It

remains to be seen whether future decisions will follow the

approach of Song and Frazer, or whether courts will return to

the traditional approach of allowing a future care expert to

make recommendations in consultation with other

professionals. �

Tuesday July 15, 2008 started out like most other days for

Taylor Lindsay Noel. Taylor was a 14 year old elite gymnast

with hopes of competing at the 2012 Olympic Games. As she

had on most days since the age of 4, Taylor reported to the

gym for training. On this day, Taylor was practicing a new

dismount off of the high bar with her coach when tragedy

struck. Taylor missed the dismount, came crashing down onto

the mat, landing on her head and severely damaged her spinal

cord. Taylor remains a patient at Bloorview Kids Rehab

Hospital, paralyzed from the neck down.

Rowena Lindsay is a single mother, who is faced with the

challenge of trying to manage all of Taylor’s care needs. The

task is daunting as the cost of Taylor’s care far exceeds

Rowena’s annual income.

Exhibiting strength of character and determination matched

only by that of her daughter, Rowena has put her efforts into

fundraising for Taylor’s future care needs. One of those

fundraising events that members of McLeish Orlando

participated in was the Team Taylor Miracle Maker’s

Walkathon that was held on Sunday October 19, 2008. The

event was a huge success with several hundred walkers taking

part and over $30,000.00 being raised for Taylor’s care.

Anyone interested in making a donation to this worthy cause can

forward their donations to the offices of McLeish Orlando with

cheques made payable to “Team Taylor Miracle Makers”. �

Taylor’s Story

McLeish pantone january09 1/14/09 3:42 PM Page 2

Recently, the insurance industry has

called for a drastic reduction in the

amount of compensation that is to be

paid out to innocent accident victims.

In their Five Year Review Submission to

the Government, the Insurance Bureau

of Canada seeks to further erode the

rights of the injured accident victim.

Ontario Citizens should not forget the

stellar profits made by the industry in the

last number of years.

Profits earned after

the insurance industry

convinced the

Government to make

various changes to

reduce compensation by

doubling the pain and

suffering deductible up

to $30 ,000 .00 .

The Insurance industry is now

requesting that further changes be

made to reduce reasonable and fair

compensation to the injured. They are

calling on the Government: to reduce

future care costs awards by the use of

arbitrary service and care rates that do

not reflect real market rates;

elimination of the long standing legal

principal of joint and several liability;

limit the number of individuals who

are to be deemed catastrophic; and

reduce awards by determining the

value of other insurance policies and

collateral benefits but not requiring

that such benefits ever be paid.

The changes are in addition to the

extensive and widespread request by the

industry to reduce accident benefits.

They call for these changes due to rising

claims costs, however, they themselves

hold on to the costing data and refuse to

share it with the public.

All Ontario citizens should be voicing

their concerns to the Government on

what the industry is trying to achieve. It

is time to restore the balance, not to tip

the scales further to the side of the

insurance industry. Join others such as

OTLA, the OBA, United Seniors

Citizens of Ontario and Canadian

Federation of Students in seeking to

restore the balance! �

TABLE OF CONTENTS

1 • Insurance Industry LookingFor More Cuts!

2 • Taylor’s Story

3 • A “Never Quit” Attitude

• Plaintiffs Face New Challengesto Proving Future Care Costs

4 • Recent & Upcoming Events

Insurance Industry Lookingfor More Cuts!

4

SEPTEMBER 2008• 20th - International Association of Lifecare Planners, Certification

Program for Life Care PlannersPhoenix, Arizona Patrick Brown presented on “Trusts and Guardianships”.

OCTOBER 2008• 30th & 31st - Ontario Trial Lawyers Association: 2008 Fall

Conference -- The Road to Trial: Successful Trial StrategiesThe Westin Prince Hotel, TorontoPatrick Brown, John McLeish and Dale Orlando were co-chairs of thisconference. John McLeish also presented on “Cross Examination of aDefence Doctor”. Alison Burrison presented on “Top Five AccidentBenefits Cases”. Rikin Morzaria presented on “Proving Future Cost ofCare: The New Era”. Kate Mazzucco presented on “Gearing Up forTrial”.

NOVEMBER 2008• 6th - 8th - The Toronto Rehab 3rd National Spinal Cord Injury

ConferenceThe Toronto Rehabilitation Institute and The Hilton, TorontoMcLeish Orlando LLP was a lead sponsor for this conference.

• 10th - The Oatley-McLeish Guide to Motor Vehicle Litigation –Part I: Tort Law UpdateLaw Society of Upper Canada, TorontoJohn McLeish co-chaired this conference and presented on “TheDefence Medical Expert: Cross-Examination Techniques”. SalvatoreShaw presented on “Loss of an Interdependent Relationship” andRikin Morzaria presented on “Proving Future Cost of Care at Trial”.

• 14th- Atlantic Provinces Trial Lawyers Association Conference,The ABC and D’s of Auto InsuranceDelta Hotel Conference Centre, Halifax, Nova ScotiaPatrick Brown was the keynote speaker at the conference. He presentedon “Breaking the Cap and the Threshold” and “Making the InsurerPay for Bad Faith”.

• 21st - The Oatley-McLeish Guide to Motor Vehicle Litigation –Part II: Accident Benefits and Practical IssuesLaw Society of Upper Canada, TorontoJohn McLeish co-chaired this conference. Dale Orlando presented on“Causation: An Update Post Resurface”. Kate Mazzucco presented on“The Latest on Disability: Entitlement to Income Replacement Benefitsand Non-Earner Benefits”. Alison Burrison presented on “ObtainingCourt Approval: Some Modern Realities and Strategies”.

JANUARY 2009• 16th - The Advocates Society Tricks of the Trade 2009 Conference:

Practical Strategies for Winning Medical Legal BattlesThe Carlu, College Park TorontoDale Orlando is co-chairing this conference. Dale and his co-chairarranged for Erin Brockovich to be the keynote speaker at theconference. Erin Brockovich, whose story was the subject of the 2000Hollywood film, Erin Brockovich. Rikin Morzaria is presenting on“Scheduling Your Medical Legals - When is it Too Late?”

FEBRUARY 2009• 1st – 4th – Ontario Trial Lawyers’ Association Ski & CLE

The Lodge at Vail, Vail, ColoradoPatrick Brown and Dale Orlando are co-chairing this conference.

• 6th - Toronto Rehab -Mild Traumatic Brain Injury: Challengesand Controversies in DiagnosesMcLeish Orlando LLP is one of two co-sponsors of this event. JohnMcLeish and Dale Orlando are also two of the co-chairs of theprogram. John and Dale will be participating in a mock trial todemonstrate how to examine a treating doctor and cross-examine adefence doctor.

• 23rd -24th - Canadian Institute’s Forum on Personal InjurySettlements, Resolution Orientated Case Management, Mediation,and Arbitration Patrick Brown will be co-chairing this conference. Patrick Brown willalso be the moderator for the panel on “Achieving SuccessfulNegotiations with Claims Adjusters: Tips and Best Practices”. JohnMcLeish will be speaking on the panel on “What’s the Damage ReallyWorth? Key Considerations and Recent Trends”.

MARCH 2009• 3rd - Law Society of Upper Canada Continuing Legal Education

Program for ClerksLaw Society of Upper Canada, Toronto Dale Orlando will be a presenting on “30 Days Before Trial –Plaintiff ’s Perspective”. Patrick Brown will be presenting on“Harnessing the Power of Lay Witnesses”.

APRIL 2009• 23rd - American Association for Justice

Atlantic City, New JerseyJohn McLeish is presenting a paper entitled “How to Cross-examinethe Defence Doctor and Score Points”.

JUNE 2009• 10th – 12th - Ontario Trial Lawyers Association Long Range

PlanningPatrick Brown, current President, and Dale Orlando, current VicePresident, will be participating in a series of long range planningmeetings for the organization.

• 11th - Practical Strategies ConferenceThe Carlu, College Park, TorontoDale Orlando and John McLeish with be co-chairing this conference.

Recent & Upcoming Events

Toronto: One Queen Street East, Suite 1620Toronto ON M5C 2C5

416-366-3311 1-866-685-3311

Barrie: 92 Caplan Avenue, Suite 221Barrie, ON L4N 0Z7

705-725-9098

Hamilton: One Hunter Street EastHamilton, ON L8N 3W1

905-574-6210

www.mcleishorlando.com

McLeish pantone january09 1/14/09 3:42 PM Page 1