An individual who suffers a braininjury is no longer the same person.The person may behave and thinkdifferently. The differences may belarge or small. Learning to live withthese changes produces stress andanxiety for the individual who hassuffered the brain injury and for closefamily members. In the early stagesfollowing a brain injury, familymembers are more anxious than the

injured person, who is often unawareof significant disabling deficits.

Injuries to a person’s brain are notlike other injuries. Little is knownabout how an individual recoversfrom a brain injury. Information youreceive about prognosis and howmuch recovery to expect can varybetween physicians and other healthprofessionals from not much hope toalmost complete recovery. Theinformation that is given is directedto what is best for the brain-injuredindividual. Very little information isgiven about the best ways for closefamily members to cope.

What follows are certainrecommendations which ourexperience has taught us willmaximize the best possible outcomefor the individual who has suffered abrain injury and help ease the wayfor family members:

As soon as possible and beforegiving any interviews to insuranceadjusters or insurance company

appointed case managers, consultwith a lawyer experienced inrepresenting individuals who havesuffered brain injuries. A lawyerskilled in representing individualswho have suffered brain injuries cando several things for you: provideyou with the name and contact detailsof the very best rehabilitationprofessionals outside the hospitalsetting; give you informationregarding the injured person’sentitlement to CPP benefits, disabilitybenefits and accident benefits froman automobile insurance company;advise you about financial recoveryfrom the insurance companies ofnegligence parties; and take away theburden of most of the paper work andthe stress from legal issues, which

TABLE OF CONTENTS

1 • Coping with Brain Injury

2 • Social Host Liability

• McLeish Orlando Volunteers inSri Lanka

3 • The Deering Story

• Coping with Brain Injurycontinued

4 • Upcoming Events

• The Deering Story continued

Coping with

Brain Injury

Upcoming EventsAUGUST, 2006 28th - William Osler Health Centre Foundation Golf Tournament

McLeish Orlando is a sponsor of this event.

SEPTEMBER, 2006 14th – Discharge and Beyond, 6th Annual Discharge and BeyondSpinal Cord Conference Burlington Convention Center.

John McLeish will be one of the experts participating in a MockTrial Presentation at the conference.

Dale Orlando will be presenting his paper entitled “Evolution of theCatastrophic Impairment”.

Patrick Brown will be presenting his paper entitled “ClientEntitlement to Attendant Care Benefits”.

Sheri-lyn Roberts will be presenting her paper entitled “I Want toPlay: Recreation after Spinal Cord Injury”.

14th - The Law Society of Upper Canada, Trial Lawyer’s Evidence Notebook, Donald Lamont Learning Centre, Toronto

15th - St Michael's Hospital Head Injury Charity Golf Tournament McLeish Orlando is one of the lead sponsors of this event.

17th – Canadian Paraplegic Association Wheelchair RelayChallenge, Yorkdale Shopping Centre, Toronto.

Once again McLeish Orlando will be fielding a team for the relay and will be sponsoring the team from Sunnybrook Health Sciences Centre as well.

OCTOBER, 200628th & 29th – Ontario Trial Lawyers Association Fall Conference,The Complete Tort Lawyer, The Westin Prince, Toronto

Dale Orlando will be presenting a paper on Offers to Settle.

Patrick Brown will be presenting a paper on Proving Loss of Handyman Capacity.

NOVEMBER, 200617th – Ontario Trial Lawyers Association Celebration of thePersonal Injury Bar , A Toast to Four Great Lawyers of thePersonal Injury Bar, The Four Seasons, Toronto

John McLeish will be recognized as a leading trial advocate of the Personal Injury Bar.

23rd & 24th - Toronto ABI Conference: Brain Injury and Beyond,Holiday Inn, Toronto

McLeish Orlando is a Platinum Sponsor of this event and will alsobe in attendance.

continued on page 3

Now living in an accessible home thatwas built largely through donationsand the tireless efforts of their father,Tony Deering, the girls are about toembark on the next chapter in theirstory. Shannon and Erica are scheduledto travel to Beijing in Dec 2006 forexperimental spinal surgery. They arein the process of raising the expected$120,000.00 total cost of the trip andsurgery through a series of fundraisersthat are described in detail on theirwebsite - www.angelsfootprints.com.It is hoped that the surgery will restorefunction to the arms, hands and fingersof the girls.

Anyone who wishes to make adonation may do so at any Royal Bankbranch. The transit number is 03962,and the account number is 5081609.

continued from pg. 3

The Deering Story

One Queen Street E., Suite 1620Box 76, Toronto On M5C 2C5

PHONE: (416) 366-3311FAX: (416) 366-3330

TOLL FREE (Canada Wide)1-866-685-3311

HAMILTON: (905) 574-6210

www.mcleishorlando.com4

TheDeering

StoryOn Tuesday, August 10, 2004 @10:45 p.m, the life of our client,Erica Deering, was changedforever.

Sixteen year old Erica Deeringwas a passenger in a car beingdriven by her nineteen year oldsister, Shannon Deering, downCoates Road in the Township ofScugog. As a result of a numberof factors, Shannon Deering lostcontrol of her vehicle and ahorrific crash followed. BothErica and Shannon sufferedsevered spinal cords leaving themquadriplegics.

Despite their catastrophicinjuries, both girls have shown anamazing strength of character andspirit and have worked incrediblyhard in their rehabilitation.

In December 2004, a massiveTsunami struck the coasts ofIndonesia, Malaysia, Myanmar,Thailand, Bangladesh, Sri Lanka,India, and the east coast ofAfrica, killing about 200,000people and causing untolddestruction. In Sri Lanka alone,500,000 people were lefthomeless. Millions around theworld responded by generouslydonating to relief agencies inrecord numbers. In April 2005, agroup of Canadians visited Sri

Lanka to observe the progressthat had been made by thoseagencies. Though much hadbeen accomplished, they saw acontinuing need for housing anddecided to do something to helpmeet that need. TRIP Canadawas born. TRIP Canada set outto build a small community in thehard-hit southern coast of SriLanka, using a mix of Canadianvolunteers working side-by-sidewith local Sri Lankan familiesand work crews.

By December 2005, the firstgroup of TRIP volunteers was onthe ground in the southern villageof Tangalle, building the first of18 homes. McLeish Orlandosponsored two of the Canadianvolunteers, including associatelawyer Rikin Morzaria, to spendtwo weeks in Sri Lanka for theinitial building phase of theTangalle community. In just twoweeks and using only handheldtools, the joint Sri Lankan-Canadian team completed the

McLeish Orlando Volunteers in Sri Lanka

can complicate recovery from a braininjury. A lawyer skilled inrepresenting individuals who havesuffered brain injuries allows familymembers to concentrate their effortson helping the injured individual andhelping themselves cope.

Be assertive without beingaggressive about getting the needs ofthe injured individual met, as well asyour own needs. Ask questions untilyou get answers, even thoughsometimes there will be no definiteanswer. Remember, that while youare not a medical expert, no oneknows the injured individual betterthan you. You knew the injuredperson before the injury and youinteract intimately on a daily basiswith the individual. You know whatstrengths and weaknesses existedbefore the injury as well as theindividual’s personality.

Educate yourself and becomeknowledgeable about the appropriatemanagement of specific issuesrelated to the injury. Because oftremendous time constraints andmany patients to treat, manyneurosurgeons and other physiciansinvolved in treating the injuredperson, while very skilful, have littletime to sit down and teach you how tosupervise medical care. The nursingstaff is most likely to have more timeto teach you specific procedures andto answer your unasked questions,but even the nurses are under heavytime constraints.

Cognitive (thinking, memory,reasoning, judgment, etc.) and

behavioural problems following headinjury are usually more disablingthan medical or physical problems.Therefore, you must ensure that theinjured individual receives a detailedneuropsychological evaluation andthat the results of that evaluation arediscussed with you in terms whichyou can understand. If you knowwhat abilities are impaired you areless likely to make unreasonabledemands upon your loved one (andon yourself) and you are more likelyto be able to anticipate problems.

Contact and join those organizationswhich focus their efforts onprevention, treatment and researchinto head injury. The Ontario BrainInjury Association is an excellentchoice, as is a local brain injuryassociation in your area. Theseorganizations can provide you withdetailed information aboutcommunity resources and facilities,put you in touch with otherindividuals who have surmounted theproblems you are currently facing,and help you get your needs met.

Avoid attempts to be Superman orWonder Woman. Maybe the injuredindividual can do some things youare doing, albeit not quite as quicklyor as well. Most injured individualshave too much time on their handsanyway – let them try. Living with aperson who has sustained a headinjury is frustrating, exhausting, andstressful. If you maintain yourperspective, your sense of humour,and your ability to call upon othersfor assistance and support, it can alsobe a rewarding experience for theentire family.

The Supreme Court addresses the issue of

Social HostThe Supreme Court of Canada has recently released it’smuch anticipated decision in the Childs v. Desormeauxcase regarding social host liability. As a general rule, theCourt held that a host of a private party where alcohol isserved is not liable to a person who is injured by theguest unless the host was actively involved in creating orcontributing to the event that caused the injury. Theevents giving rise to this case are tragic. A New YearsEve party was hosted by a couple at their home. Theguests were to bring their own drinks. One of the guestsleft the party intoxicated and smashed head-on intoanother car, leaving one person dead, two personsseriously injured, and Zoe Child paralyzed from thewaist down. The Court found that the hosts of the partywere not liable for Zoe’s injuries. They had not servedthe drunk driver drinks at the party, nor did they knowthat he was impaired. In reaching the decision, the Courttook note: “A social host at a party where alcohol isserved is not under a duty of care to members of thepublic who may be injured by a guest's actions, unlessthe host's conduct implicates him or her in the creation orexacerbation of the risk.”

The Court did not, however, slam the door completelyshut on exposing the host to liability. It went on to state:

“More is required to establish a danger or risk thatrequires positive action. It might be argued that a hostwho continues to serve alcohol to a visibly inebriatedperson knowing that he or she will be driving home hasbecome implicated in the creation or enhancement of arisk sufficient to give rise to a prima facie duty of care tothird parties, which would be subject to contrary policyconsiderations at the second stage of the Anns test”

Although the Court clearly limited liability on a host of aparty, social hosts could still be on the hook if theyactively serve alcohol to a visibly intoxicated personknowing full well they intend to drive away.

continued from pg. 1

Coping withBrain Injury

first home, dug the foundation forfour additional homes, and beganbrickwork on those homes. Forour volunteers, the experiencewas immensely rewarding, as itgave them the opportunity to seethe direct result of theircontributions. Before leaving,TRIP presented its first completehome to a displaced family in atraditional Buddhist ceremony.McLeish Orlando is proud to havebeen a major contributor toTRIP’s efforts in Tangalle.

continued on pg. 4

2 3

TheDeering

StoryOn Tuesday, August 10, 2004 @10:45 p.m, the life of our client,Erica Deering, was changedforever.

Sixteen year old Erica Deeringwas a passenger in a car beingdriven by her nineteen year oldsister, Shannon Deering, downCoates Road in the Township ofScugog. As a result of a numberof factors, Shannon Deering lostcontrol of her vehicle and ahorrific crash followed. BothErica and Shannon sufferedsevered spinal cords leaving themquadriplegics.

Despite their catastrophicinjuries, both girls have shown anamazing strength of character andspirit and have worked incrediblyhard in their rehabilitation.

In December 2004, a massiveTsunami struck the coasts ofIndonesia, Malaysia, Myanmar,Thailand, Bangladesh, Sri Lanka,India, and the east coast ofAfrica, killing about 200,000people and causing untolddestruction. In Sri Lanka alone,500,000 people were lefthomeless. Millions around theworld responded by generouslydonating to relief agencies inrecord numbers. In April 2005, agroup of Canadians visited Sri

Lanka to observe the progressthat had been made by thoseagencies. Though much hadbeen accomplished, they saw acontinuing need for housing anddecided to do something to helpmeet that need. TRIP Canadawas born. TRIP Canada set outto build a small community in thehard-hit southern coast of SriLanka, using a mix of Canadianvolunteers working side-by-sidewith local Sri Lankan familiesand work crews.

By December 2005, the firstgroup of TRIP volunteers was onthe ground in the southern villageof Tangalle, building the first of18 homes. McLeish Orlandosponsored two of the Canadianvolunteers, including associatelawyer Rikin Morzaria, to spendtwo weeks in Sri Lanka for theinitial building phase of theTangalle community. In just twoweeks and using only handheldtools, the joint Sri Lankan-Canadian team completed the

McLeish Orlando Volunteers in Sri Lanka

can complicate recovery from a braininjury. A lawyer skilled inrepresenting individuals who havesuffered brain injuries allows familymembers to concentrate their effortson helping the injured individual andhelping themselves cope.

Be assertive without beingaggressive about getting the needs ofthe injured individual met, as well asyour own needs. Ask questions untilyou get answers, even thoughsometimes there will be no definiteanswer. Remember, that while youare not a medical expert, no oneknows the injured individual betterthan you. You knew the injuredperson before the injury and youinteract intimately on a daily basiswith the individual. You know whatstrengths and weaknesses existedbefore the injury as well as theindividual’s personality.

Educate yourself and becomeknowledgeable about the appropriatemanagement of specific issuesrelated to the injury. Because oftremendous time constraints andmany patients to treat, manyneurosurgeons and other physiciansinvolved in treating the injuredperson, while very skilful, have littletime to sit down and teach you how tosupervise medical care. The nursingstaff is most likely to have more timeto teach you specific procedures andto answer your unasked questions,but even the nurses are under heavytime constraints.

Cognitive (thinking, memory,reasoning, judgment, etc.) and

behavioural problems following headinjury are usually more disablingthan medical or physical problems.Therefore, you must ensure that theinjured individual receives a detailedneuropsychological evaluation andthat the results of that evaluation arediscussed with you in terms whichyou can understand. If you knowwhat abilities are impaired you areless likely to make unreasonabledemands upon your loved one (andon yourself) and you are more likelyto be able to anticipate problems.

Contact and join those organizationswhich focus their efforts onprevention, treatment and researchinto head injury. The Ontario BrainInjury Association is an excellentchoice, as is a local brain injuryassociation in your area. Theseorganizations can provide you withdetailed information aboutcommunity resources and facilities,put you in touch with otherindividuals who have surmounted theproblems you are currently facing,and help you get your needs met.

Avoid attempts to be Superman orWonder Woman. Maybe the injuredindividual can do some things youare doing, albeit not quite as quicklyor as well. Most injured individualshave too much time on their handsanyway – let them try. Living with aperson who has sustained a headinjury is frustrating, exhausting, andstressful. If you maintain yourperspective, your sense of humour,and your ability to call upon othersfor assistance and support, it can alsobe a rewarding experience for theentire family.

The Supreme Court addresses the issue of

Social HostThe Supreme Court of Canada has recently released it’smuch anticipated decision in the Childs v. Desormeauxcase regarding social host liability. As a general rule, theCourt held that a host of a private party where alcohol isserved is not liable to a person who is injured by theguest unless the host was actively involved in creating orcontributing to the event that caused the injury. Theevents giving rise to this case are tragic. A New YearsEve party was hosted by a couple at their home. Theguests were to bring their own drinks. One of the guestsleft the party intoxicated and smashed head-on intoanother car, leaving one person dead, two personsseriously injured, and Zoe Child paralyzed from thewaist down. The Court found that the hosts of the partywere not liable for Zoe’s injuries. They had not servedthe drunk driver drinks at the party, nor did they knowthat he was impaired. In reaching the decision, the Courttook note: “A social host at a party where alcohol isserved is not under a duty of care to members of thepublic who may be injured by a guest's actions, unlessthe host's conduct implicates him or her in the creation orexacerbation of the risk.”

The Court did not, however, slam the door completelyshut on exposing the host to liability. It went on to state:

“More is required to establish a danger or risk thatrequires positive action. It might be argued that a hostwho continues to serve alcohol to a visibly inebriatedperson knowing that he or she will be driving home hasbecome implicated in the creation or enhancement of arisk sufficient to give rise to a prima facie duty of care tothird parties, which would be subject to contrary policyconsiderations at the second stage of the Anns test”

Although the Court clearly limited liability on a host of aparty, social hosts could still be on the hook if theyactively serve alcohol to a visibly intoxicated personknowing full well they intend to drive away.

continued from pg. 1

Coping withBrain Injury

first home, dug the foundation forfour additional homes, and beganbrickwork on those homes. Forour volunteers, the experiencewas immensely rewarding, as itgave them the opportunity to seethe direct result of theircontributions. Before leaving,TRIP presented its first completehome to a displaced family in atraditional Buddhist ceremony.McLeish Orlando is proud to havebeen a major contributor toTRIP’s efforts in Tangalle.

continued on pg. 4

2 3

An individual who suffers a braininjury is no longer the same person.The person may behave and thinkdifferently. The differences may belarge or small. Learning to live withthese changes produces stress andanxiety for the individual who hassuffered the brain injury and for closefamily members. In the early stagesfollowing a brain injury, familymembers are more anxious than the

injured person, who is often unawareof significant disabling deficits.

Injuries to a person’s brain are notlike other injuries. Little is knownabout how an individual recoversfrom a brain injury. Information youreceive about prognosis and howmuch recovery to expect can varybetween physicians and other healthprofessionals from not much hope toalmost complete recovery. Theinformation that is given is directedto what is best for the brain-injuredindividual. Very little information isgiven about the best ways for closefamily members to cope.

What follows are certainrecommendations which ourexperience has taught us willmaximize the best possible outcomefor the individual who has suffered abrain injury and help ease the wayfor family members:

As soon as possible and beforegiving any interviews to insuranceadjusters or insurance company

appointed case managers, consultwith a lawyer experienced inrepresenting individuals who havesuffered brain injuries. A lawyerskilled in representing individualswho have suffered brain injuries cando several things for you: provideyou with the name and contact detailsof the very best rehabilitationprofessionals outside the hospitalsetting; give you informationregarding the injured person’sentitlement to CPP benefits, disabilitybenefits and accident benefits froman automobile insurance company;advise you about financial recoveryfrom the insurance companies ofnegligence parties; and take away theburden of most of the paper work andthe stress from legal issues, which

TABLE OF CONTENTS

1 • Coping with Brain Injury

2 • Social Host Liability

• McLeish Orlando Volunteers inSri Lanka

3 • The Deering Story

• Coping with Brain Injurycontinued

4 • Upcoming Events

• The Deering Story continued

Coping with

Brain Injury

Upcoming EventsAUGUST, 2006 28th - William Osler Health Centre Foundation Golf Tournament

McLeish Orlando is a sponsor of this event.

SEPTEMBER, 2006 14th – Discharge and Beyond, 6th Annual Discharge and BeyondSpinal Cord Conference Burlington Convention Center.

John McLeish will be one of the experts participating in a MockTrial Presentation at the conference.

Dale Orlando will be presenting his paper entitled “Evolution of theCatastrophic Impairment”.

Patrick Brown will be presenting his paper entitled “ClientEntitlement to Attendant Care Benefits”.

Sheri-lyn Roberts will be presenting her paper entitled “I Want toPlay: Recreation after Spinal Cord Injury”.

14th - The Law Society of Upper Canada, Trial Lawyer’s Evidence Notebook, Donald Lamont Learning Centre, Toronto

15th - St Michael's Hospital Head Injury Charity Golf Tournament McLeish Orlando is one of the lead sponsors of this event.

17th – Canadian Paraplegic Association Wheelchair RelayChallenge, Yorkdale Shopping Centre, Toronto.

Once again McLeish Orlando will be fielding a team for the relay and will be sponsoring the team from Sunnybrook Health Sciences Centre as well.

OCTOBER, 200628th & 29th – Ontario Trial Lawyers Association Fall Conference,The Complete Tort Lawyer, The Westin Prince, Toronto

Dale Orlando will be presenting a paper on Offers to Settle.

Patrick Brown will be presenting a paper on Proving Loss of Handyman Capacity.

NOVEMBER, 200617th – Ontario Trial Lawyers Association Celebration of thePersonal Injury Bar , A Toast to Four Great Lawyers of thePersonal Injury Bar, The Four Seasons, Toronto

John McLeish will be recognized as a leading trial advocate of the Personal Injury Bar.

23rd & 24th - Toronto ABI Conference: Brain Injury and Beyond,Holiday Inn, Toronto

McLeish Orlando is a Platinum Sponsor of this event and will alsobe in attendance.

continued on page 3

Now living in an accessible home thatwas built largely through donationsand the tireless efforts of their father,Tony Deering, the girls are about toembark on the next chapter in theirstory. Shannon and Erica are scheduledto travel to Beijing in Dec 2006 forexperimental spinal surgery. They arein the process of raising the expected$120,000.00 total cost of the trip andsurgery through a series of fundraisersthat are described in detail on theirwebsite - www.angelsfootprints.com.It is hoped that the surgery will restorefunction to the arms, hands and fingersof the girls.

Anyone who wishes to make adonation may do so at any Royal Bankbranch. The transit number is 03962,and the account number is 5081609.

continued from pg. 3

The Deering Story

One Queen Street E., Suite 1620Box 76, Toronto On M5C 2C5

PHONE: (416) 366-3311FAX: (416) 366-3330

TOLL FREE (Canada Wide)1-866-685-3311

HAMILTON: (905) 574-6210

www.mcleishorlando.com4