Transcript

In reviewing the Ontario Government’s 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

been unnecessary.

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 industry’s 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 profitability 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 profits as they did

during the 2003-2007 period, including record

profits 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

Benefits 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

to $3,500.

• 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

t0 $36,000.

Ontario SABS changesfurther erode accidentvictim rights

Spring 2010

continued

Queen’s Park enacts legislation that reduces

Accident Benefits for Ontario drivers.

• Eliminating caregiver, housekeeping and home

maintenance benefits for non-catastrophic

claimants.

• 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.

• Offering $2,500 for accounting reports to support

income replacement claims.

• Merging treatment plans and applications for

approval of assessments or examinations into

one process.

This erosion of first 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 first 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-profit

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 GlobalMedic’s efforts, the lawyers and staff

of McLeish Orlando held a fundraiser on January 15,

2010 and collected $5,000. GlobalMedic is using the

donation to purchase water purification systems

that will supply clean drinking water to more than

3,000 Haitians each day.

McLeish Orlando salutes GlobalMedic’s efforts 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 GlobalMedic’s Haiti Relief

Clean drinking water thanks to the efforts of

GlobalMedic, a Toronto-based relief agency.

David Virgoe celebrated Father’s

Day on June 17, 2007 by meeting

his newborn grandson Joshua for

the first time.

It was an exciting time for David

and his wife Debbie. In addition

to welcoming their fifth grand-

child into the world, David and Debbie were final-

izing the purchase of a new home in Angus,

Ontario and were scheduled to move in on July 6.

Tragically, David Virgoe’s 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 truck’s passenger side. The impact

propelled David’s tractor-trailer across two lanes

into a Jeep in the left lane and then into the guard

rail. The force of the truck’s impact was so severe

that it peeled the guard rail off of its posts.

David’s 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 flipped over and

rolled, killing David.

David’s ultimate sacrifice has been honoured with

numerous awards, most recently The Governor

General’s Medal of Bravery. On February 4, 2010,

Debbie Virgoe attended the medal ceremony at

Rideau Hall and accepted the award on David’s

behalf. He was awarded the Goodyear Highway

Hero Award in March 2008, the first time this

award was given to a Canadian, and the Commis-

sioner’s Citation for Bravery in October 2007.

Debbie Virgoe is determined to ensure that David

did not make his sacrifice 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 Debbie’s

efforts, 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 David’s 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

Debbie’s 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 Virgoe’s story of heroism

Debbie Virgoe helps mobilize Ontario truckers

and their rigs with a critical message.

January 2010

• 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 Benefit Amendments.

• 25th to 26th – The Canadian Institute’s 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.

February 2010

• 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.

March 2010

• 7th – The Law Society of Upper Canada’s

Oatley-McLeish Guide to Motor Vehicle Litigation

John McLeish co-chaired this program. Patrick Brown

presented The New Auto Insurance Regime: The Practical

Impact and New Strategies. Salvatore Shaw presented

Loss of an Interdependent Relationship: Recognition of

the loss of shared living relationships. Rikin Morzaria

presented Unidentified, Underinsured and Uninsured

Claims: Who, When and How to Sue. Alison Burrison

presented Top 5 Accident Benefits Cases from 2009.

Katie Pattillo presented Top 5 Tort Cases 2009.

• 12th – Ontario Bar Association Young Lawyer’s

Division’s Program on Your First Civil Trial

John McLeish presented on opening and closing statements.

• 22nd – The Ontario Trial Lawyers Association and

The Law Society of Upper Canada’s Justice Program

for the Retention of Women in the Legal Profession

Kate Mazzucco participated on a panel of female litigators.

• 24th – Practice Strategies Webinar – Ontario Automotive

Insurance Changes Practical Strategies for Health Care

Professionals

John McLeish and Dale Orlando teamed up with

colleagues Roger Oatley and Jim Vigmond to present

a webinar on changes to the Ontario automobile

insurance legislation. Webinar available until June 24, 2010

at www.mcleishorlando.com.

• 24th – Osgoode Professional Development –

Managing and Litigating Motor Vehicle Accident Claims

Alison Burrison presented on how auto claims will be

impacted by the new rules of civil procedure.

April 2010

• 19th – Toronto Rehabilitation Institute Lunch and Learn

John McLeish and Alison Burrison presented to health

care professionals.

May 2010

• 14th – Advocates’ Society’s Program on Working with

Experts: Practical Tips and Techniques for Winning Cases

The Advocates’ Society Education Centre, Toronto

Dale Orlando will co-chair this conference.

June 2010

• 8th – Toronto Rehabilitation Institute Lunch and Learn

Lyndhurst Centre, Toronto

John McLeish and Dale Orlando will present to health

care professionals.

• 10th – Advances in the Management of Early Traumatic

Brain Injury – The Sunnybrook Perspective

The Carlu, Toronto

John McLeish will participate in a panel discussion on

establishing catastrophic impairment in traumatic brain

injury cases. Dale Orlando will moderate a panel on practical

strategies for dealing with cultural and family issues.

• 17th and 18th – Ontario Trial Lawyers Association

Long Range Planning

The Westin, Blue Mountain

Dale Orlando, current president, and Patrick Brown,

past president, will participate in a series of long range

planning meetings for the organization.

McLeish Orlando event calendar

McLeish Orlando LLP, Personal Injury Lawyers

Contact: Keisha Pinto

email: [email protected]

One Queen Street East, Suite 1620

Toronto, Ontario M5C 2W5

www.mcleishorlando.com


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