The Fine Print - October 2009

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The Fine Print, October 2009

Text of The Fine Print - October 2009

  • 4Recent & Upcoming Events

    TABLE OF CONTENTS

    1 Largest Personal InjuryAward in Canada

    2 6th Annual PracticalStrategies Conference

    3 Restoring Rights

    McLeish Orlando is Proud toWelcome...

    4 Recent & Upcoming Events

    The Fine Print

    Largest Personal InjuryAward in CanadaOn August 2, 2002, the life of 15 year old

    Katherine-Paige MacNeil and her family

    changed forever.

    K.P. was a back-seat passenger in a

    Tempo being driven by Trevor Bryan.

    Trevor drove north on Concession Road 4

    towards its intersection with Highway 89

    in the Township of Adjala-Tosorontio. It

    was close to midnight. It was dark out

    and Trevors headlights tended to fog up

    and did not throw a lot of light.

    Unknown to Trevor, Concession Road

    ended at Highway 89. There was no

    checkerboard sign at the end of

    Concession Road 4 indicating that the

    road ended. Trevor did not see the stop

    sign at the intersection and drove at high

    speed into the intersection. The Tempo

    became airborne across Highway 89 and

    landed on the other side.

    K.P. suffered devastating injuries. She

    was flown by air ambulance to The

    Hospital for Sick Children. Her parents

    and brother were notified and rushed to

    the hospital. The doctors told K.P.s

    parents she was not expected to survive.

    She had suffered massive head injuries,

    facial fractures and spinal fractures.

    But K.P. did survive. She spent months in

    two world class hospitals, The Hospital for

    Sick Children and Bloorview-McMillan

    Childrens Centre where she received

    wonderful care from very skilful and

    caring health professionals from many

    disciplines. K.P. never gave up. She

    determinedly worked towards recovery.

    K.P. was then discharged home to the

    care of her parents, Gord and Kathy.

    They took over where the hospital staff

    left off and made many personal

    sacrifices. Gord and Kathy worked

    incredibly hard with a multi-disciplinary

    team of health professionals to help K.P.

    with her rehabilitation. Even with all the

    help K.P. was receiving, it soon became

    obvious that K.P. would never work at

    gainful employment and would require

    around the clock care.

    K.P.s injuries and losses were substantial.

    So were the losses of her family. Those

    responsible for the crash were not

    prepared to settle the case for a fair

    amount. K.P. and her family

    courageously instructed us to take their

    case to trial. Their case was tried in May

    2009 before a judge who was very

    experienced and knowledgeable in

    matters involving catastrophic injuries.

    Expert evidence on the extent and

    severity of the damage done to K.P.s

    brain, was provided by some of the best

    brain injury specialists in the country.

    Expert evidence was also provided on the

    future consequences of the injury to K.P.

    by some of the best life care planners,

    economists and accountants in the

    country.

    K.P. and her family prevailed. The trial

    judge assessed the damages of K.P. and

    her family at $18,427,207.20 - the highest

    amount ever awarded in a personal

    injury case in Canada.

    The familys ordeal is not over. An appeal

    has been launched regarding an

    insurance coverage issue. However, given

    the in-depth analysis of the case by the

    trial judge in his reasons and the

    determination K.P. and her family have

    shown up to now, we are confident that

    they will ultimately succeed and receive

    the full amount of the Judgment.

    AUGUST 2009 17th - 19th The 51st Annual

    Conference of the United SeniorCitizens of Ontario Holiday Inn & Conference Centre,OshawaPatrick Brown was invited to addressthe membership and answer questions.

    SEPTEMBER 2009 11th The 9th Annual Spinal Cord and

    Neurotrama Conference, Dischargeand BeyondBurlington Convention Centre,BurlingtonDale Orlando and Patrick Brown co-chaired this conference.

    26th - 27th The Canadian Institutes10th Annual Conference, Managingand Litigating Disability InsuranceClaimsMarriott Bloor Yorkville Hotel, TorontoPatrick Brown presented a paperentitled, "Bad Faith & Big Money:Demystifying Bad Faith Claims andPunitive and Special Damages".

    Salvatore Shaw was a speaker at thisconference.

    29th - 30th Ontario Trial LawyersAssociation 2009 Fall ConferenceWestin Harbour Castle, TorontoJohn McLeish presented a paperdealing with proving liability againstrestaurants and bars.

    Salvatore Shaw presented a paperdealing with loss of interdependentrelationship

    Kate Mazzucco presented a paperentitled Threshold Update, Six YearsLater.

    OCTOBER 2009 2nd Hamilton Health Sciences Centre

    Trauma ConferenceHamilton Convention Centre, HamiltonDale Orlando spoke at this conference.

    26th - 27th The Canadian Institutes10th Annual Conference, Managingand Litigating Disability InsuranceClaimsMarriott Bloor Yorkville Hotel, TorontoPatrick Brown presented a paperentitled, "Bad Faith & Big Money:Demystifying Bad Faith Claims andPunitive and Special Damages".

    Salvatore Shaw was a speaker at thisconference.

    29th - 30th Ontario Trial LawyersAssociation 2009 Fall ConferenceWestin Harbour Castle, TorontoJohn McLeish presented a paperdealing with proving liability againstrestaurants and bars.

    Salvatore Shaw presented a paperdealing with loss of interdependentrelationship

    Kate Mazzucco presented a paperentitled Threshold Update, Six YearsLater.

    NOVEMBER 2009 5th Law Society of Upper Canadas

    Program on Demonstrative Evidence The FoundationOsgoode Hall, TorontoJohn McLeish will be co-chairing thefirst part of a two part programteaching other lawyers effectivetechniques for the use ofdemonstrative evidence.

    Rikin Morzaria will be presenting apaper dealing with forms ofdemonstrative evidence and their usein proving damages.

    30th The Canadian InstituteConference, New Civil LitigationRegime, Successfully Transitioning tothe New Civil Procedure RulesMarriott Bloor Yorkville Hotel, TorontoPatrick Brown will be co-chairing thisconference and will also be presentinga paper entitled Getting Ready for theNew Rules: What You Need to Know.

    DECEMBER 2009 3rd Law Society of Upper Canadas

    Program on Demonstrative Evidence Its Use In All Phases of LitigationOsgoode Hall, TorontoJohn McLeish will be co-chairing thesecond part of a two part programteaching other lawyers effectivetechniques for the use ofdemonstrative evidence. John will alsobe demonstrating the use ofdemonstrative evidence in directexamination and presenting a paper onthe use of demonstrative evidence intraumatic brain injury cases.

    Alison Burrison will be presenting apaper dealing with the use of demon-strative evidence in orthopedic cases.

    Rikin Morzaria will be presenting apaper dealing with the use ofdemonstrative evidence in spinal cordinjury cases.

    JANUARY 2010 22nd The Advocates Society Tricks of

    the Trade Conference 2010 PracticalStrategies for Settling Cases: The 98%SolutionThe Carlu, TorontoDale Orlando will be speaking aboutrecent changes to the motor vehicleaccident benefits and tort regimes.

    25th - 26th The Canadian Institutes8th Annual Forum, Personal InjurySettlementsMetropolitan Hotel, TorontoPatrick Brown will be co-chairing thisconference and will be a panelist in adiscussion regarding the use of experts.

    Dale Orlando will be a panelist in adiscussion of recent case developmentsand key considerations in assessingdamages.

    Kate Mazzucco will be discussing therecent changes to the Rules of CivilProcedure and how these will affectindividuals making claims forcompensation.

    Toronto: One Queen Street E. Suite 1620

    Toronto ON M5C 2W5416-366-3311 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 Newsletter October09 NEW copy 10/16/09 1:02 PM Page 1

  • McLeish Orlando is proud to welcome

    2 3

    Katherine Pattillo Katie joins our firm as a new associate.

    Before being called to the Bar in June of 2009, Katie articled

    at a Toronto criminal defence firm. Katie attended law school

    at the University of Windsor, where she was very involved in

    Legal Aid and other community oriented volunteer activities.

    Katie is a member of the Ontario Trial Lawyers Association,

    the Ontario Bar Association and the Advocates Society.

    Joseph Cescon Before being called to the bar in June of

    2009, Joe articled with our firm. Joe attended law school at

    the University of Western Ontario. While at Western, Joe

    worked as a research assistant for two of his professors. He

    was also involved in Community Legal Services. Joe is a

    member of the Ontario Bar Association, the Ontario Trial

    Lawyers Association, and the Advocates Society.

    Christopher Schiffman Chris joins our firm as a new

    associate. After obtaining an undergraduate degree, Chris

    served as an Infantry Officer and Platoon Commander in the

    Canadian Armed Forces. He then attended law school at

    Osgoode Hall, and was called to the bar in 2002. Chris

    received his Master of Laws from Osgoode Hall in 2008. Chris

    is a member of the Ontario Trial Lawyers Association, the

    Canadian Bar Association, the Advocates Society, and the

    48th Highlanders of Canada Officers Association.

    William Keele Will was a