The Fine Print - October 2009

4

Recent & 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 Trevor’s 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

Children’s 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 family’s 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 Beyond”Burlington Convention Centre,BurlingtonDale Orlando and Patrick Brown co-chaired this conference.

• 26th - 27th – The Canadian Institute’s10th Annual Conference, “Managingand Litigating Disability InsuranceClaims”Marriott 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.






NOVEMBER 2009• 5th – Law Society of Upper Canada’s

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 Rules”Marriott 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 Canada’s

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 Advocate’s Society Tricks of

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

• 25th - 26th – The Canadian Institute’s8th Annual Forum, “Personal InjurySettlements”Metropolitan 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 summer student at our firm in

2007. He joins the firm as our new articling student for the

2009 to 2010 year. Will recently graduated from the University

of Windsor. While at Windsor, Will won the Ontario Trial

Lawyers Association Moot Court awards for best team, best

opening statement, and best examination in chief. He also

volunteered at Community Legal Aid.

McLeish Orlando extends a warm welcome to the newest

members of our team. �

Restoring RightsThe Financial Services Commission of Ontario released itsreport recommending changes to the law in Ontario foraccident victims. Many of the changes will ensure that therights previously taken away are restored.

FSCO has recommended that the government reduce thedeductibles for injured accident victims currently at $15,000and $30,000 down to $10,000 and $20,000.

Furthermore, they have recommended that currentdeductibles charged to families of deceased accident victimsbe eliminated entirely for awards for loss of care guidance andcompanionship. These deductibles are being charged toawards under $50,000.

The FSCO review also recommends the revocation of thedefining regulation for what is known as the verbal threshold.The threshold has been used to restrict claims for pain andsuffering and health care costs.

Despite these progressive steps toward restoring access tojustice, FSCO has also recommended reductions of benefitsthat are to be paid under the no fault accident benefit systemto non catastrophic claimants. The recommendations were

made in the face of what the insurance industry has arguedto be escalating costs within the accident benefit system.

Of particular note, the report recommends that the presentceiling of 100,000 for medical rehabilitation benefits belowered to 25,000. Although the majority of noncatastrophic cases are minor in nature and do not need accessto higher amounts, there is a portion of claimants who will behit hard with this measure and are in desperate need ofrehabilitation and medical services. Claimants for instancewho may suffer serious internal injuries or a traumatic braininjury but may still be deemed non catastrophic. For thisgroup, treatment above the 25,000 may be absolutelyessential.

Many in the health and medical field have been activelyrequesting that these individuals be taken into considerationbefore considering such a reduction. Some possible solutionsproposed include having these more significant noncatastrophic injuries exempt from the reduction.

Whatever ultimate decision the Government makes in theupcoming months, it is hoped that a balanced and lastingchange is made. �

The Sixth Annual Practical Strategies for Health Care

Professionals Conference, which was organized, sponsored

and chaired by McLeish Orlando LLP and Oatley Vigmond LLP,

was held on June 11, 2009. The conference focused on spinal

cord injuries (SCI) and featured some of the top medical

professionals in the field as well as valued members of the SCI

rehabilitation community. The presentations and panels

highlighted the latest in spinal cord injury research, treatment,

and rehabilitation.

Highlights from the conference included:

Presentations and panel discussions on the latest in stem cell

research on SCI treatments from world renowned researchers

Dr. Michel Rathbone, Neurologist, Dr. Charles Tator,

Neurosurgeon, and Dr. Carlos Lima, Neurologist.

Dr. Dave Ditor, PhD in Kinesiology and Assistant Professor at

Brock University, and Dr. Audrey Hicks, PhD in Kinesiology and

Professor at McMaster University, presented on exercise

therapy after SCI and the positive effects of exercise on

secondary SCI related health complications.

Dr. Arthur Ameis, Physiatrist and Medical Director of Multi-

Disciplinary Assessment Centre, spoke on the latest in life

care planning. He provided a thorough review of the

principles of life care planning and discussed the impact of

recent case law on the field of life care planning.

Dr. Anthony Burns, specialist in Internal Medicine and

Physical Medicine and Rehabilitation and Medical Director of

Spinal Cord Rehabilitation Program at the Toronto

Rehabilitation Institute, discussed the challenges faced in

translating positive results from the lab to clinical trials.

The conference concluded with three dynamic panels. The

first featured three peer support workers who shared their

unique and inspiring personal experiences. Their stories

emphasized the invaluable benefits of peer support for

individuals with SCI. The second panel featured three social

workers from Toronto Rehabilitation Institute’s Lyndhurst

Centre. These professionals discussed the challenges and

opportunities for SCI patients and their families. The third

was made up of leading practitioners

in the field of personal injury law

which included John McLeish and

Salvatore Shaw of McLeish Orlando

LLP. The panel spoke on “Meeting

the Challenges of Proving Spinal

Cord Injuries”.

The event was a huge success

engaging over 150 participants

and raising over $12,000 from the

registration fees which were

donated entirely to the Toronto

Rehabilitation Institute. �

6th Annual Practical Strategies Conference


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 summer student at our firm in

2007. He joins the firm as our new articling student for the

2009 to 2010 year. Will recently graduated from the University

of Windsor. While at Windsor, Will won the Ontario Trial

Lawyers Association Moot Court awards for best team, best

opening statement, and best examination in chief. He also

volunteered at Community Legal Aid.

McLeish Orlando extends a warm welcome to the newest

members of our team. �

Restoring RightsThe Financial Services Commission of Ontario released itsreport recommending changes to the law in Ontario foraccident victims. Many of the changes will ensure that therights previously taken away are restored.

FSCO has recommended that the government reduce thedeductibles for injured accident victims currently at $15,000and $30,000 down to $10,000 and $20,000.

Furthermore, they have recommended that currentdeductibles charged to families of deceased accident victimsbe eliminated entirely for awards for loss of care guidance andcompanionship. These deductibles are being charged toawards under $50,000.

The FSCO review also recommends the revocation of thedefining regulation for what is known as the verbal threshold.The threshold has been used to restrict claims for pain andsuffering and health care costs.

Despite these progressive steps toward restoring access tojustice, FSCO has also recommended reductions of benefitsthat are to be paid under the no fault accident benefit systemto non catastrophic claimants. The recommendations were

made in the face of what the insurance industry has arguedto be escalating costs within the accident benefit system.

Of particular note, the report recommends that the presentceiling of 100,000 for medical rehabilitation benefits belowered to 25,000. Although the majority of noncatastrophic cases are minor in nature and do not need accessto higher amounts, there is a portion of claimants who will behit hard with this measure and are in desperate need ofrehabilitation and medical services. Claimants for instancewho may suffer serious internal injuries or a traumatic braininjury but may still be deemed non catastrophic. For thisgroup, treatment above the 25,000 may be absolutelyessential.

Many in the health and medical field have been activelyrequesting that these individuals be taken into considerationbefore considering such a reduction. Some possible solutionsproposed include having these more significant noncatastrophic injuries exempt from the reduction.

Whatever ultimate decision the Government makes in theupcoming months, it is hoped that a balanced and lastingchange is made. �

The Sixth Annual Practical Strategies for Health Care

Professionals Conference, which was organized, sponsored

and chaired by McLeish Orlando LLP and Oatley Vigmond LLP,

was held on June 11, 2009. The conference focused on spinal

cord injuries (SCI) and featured some of the top medical

professionals in the field as well as valued members of the SCI

rehabilitation community. The presentations and panels

highlighted the latest in spinal cord injury research, treatment,

and rehabilitation.

Highlights from the conference included:

Presentations and panel discussions on the latest in stem cell

research on SCI treatments from world renowned researchers

Dr. Michel Rathbone, Neurologist, Dr. Charles Tator,

Neurosurgeon, and Dr. Carlos Lima, Neurologist.

Dr. Dave Ditor, PhD in Kinesiology and Assistant Professor at

Brock University, and Dr. Audrey Hicks, PhD in Kinesiology and

Professor at McMaster University, presented on exercise

therapy after SCI and the positive effects of exercise on

secondary SCI related health complications.

Dr. Arthur Ameis, Physiatrist and Medical Director of Multi-

Disciplinary Assessment Centre, spoke on the latest in life

care planning. He provided a thorough review of the

principles of life care planning and discussed the impact of

recent case law on the field of life care planning.

Dr. Anthony Burns, specialist in Internal Medicine and

Physical Medicine and Rehabilitation and Medical Director of

Spinal Cord Rehabilitation Program at the Toronto

Rehabilitation Institute, discussed the challenges faced in

translating positive results from the lab to clinical trials.

The conference concluded with three dynamic panels. The

first featured three peer support workers who shared their

unique and inspiring personal experiences. Their stories

emphasized the invaluable benefits of peer support for

individuals with SCI. The second panel featured three social

workers from Toronto Rehabilitation Institute’s Lyndhurst

Centre. These professionals discussed the challenges and

opportunities for SCI patients and their families. The third

was made up of leading practitioners

in the field of personal injury law

which included John McLeish and

Salvatore Shaw of McLeish Orlando

LLP. The panel spoke on “Meeting

the Challenges of Proving Spinal

Cord Injuries”.

The event was a huge success

engaging over 150 participants

and raising over $12,000 from the

registration fees which were

donated entirely to the Toronto

Rehabilitation Institute. �

6th Annual Practical Strategies Conference


4

Recent & 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 Trevor’s 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

Children’s 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 family’s 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 Beyond”Burlington Convention Centre,BurlingtonDale Orlando and Patrick Brown co-chaired this conference.






OCTOBER 2009• 2nd – Hamilton Health Sciences Centre

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






NOVEMBER 2009• 5th – Law Society of Upper Canada’s

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 Rules”Marriott 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 Canada’s

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 Advocate’s Society Tricks of

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

• 25th - 26th – The Canadian Institute’s8th Annual Forum, “Personal InjurySettlements”Metropolitan 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


Documents

The Fine Print - October 2009