New laws, traffic calming measures needed for vulnerable road users

/ Personal Injury /

Last year, Toronto experienced the highest pedestrian death rate in more than a decade — and until cities create traffic calming measures and meaningful steps are taken to pass new laws, the death and injury toll will continue to rise, as will the exposure to civil lawsuits, Toronto critical injury lawyer Patrick Brown writes in The Lawyers Weekly. […]

New laws, traffic calming measures needed for vulnerable road users Read More »

Auditors’ liability remains indeterminate after appeal court decision

/ Uncategorized /

By Margaret L. Waddell • Whether an auditor owes a duty of care to the lenders of a company it audits remains an open question after the Ontario Court of Appeal (OCA) overturned the summary judgment decision of Justice Paul M. Perell in CIBC v. Deloitte & Touche, 2016 ONCA 922. On the summary judgment motion, Justice

Auditors’ liability remains indeterminate after appeal court decision Read More »

Current laws have given drivers ‘special status’

/ Personal Injury /

The way the law has developed in Ontario has given ‘special status’ to drivers, which is being reflected in the sentencing and outcomes of cases where pedestrians and cyclists are killed by those behind the wheel, Toronto critical injury lawyer Patrick Brown tells CBC Radio’s Ontario Today. Brown, a partner with McLeish Orlando LLP, says whether or not a

Current laws have given drivers ‘special status’ Read More »

Bookshelf of law office

Keys to success when litigating traumatic brain injury case

/ Personal Injury /

Winning strategies for litigating traumatic brain injury claims include understanding the injury and its consequences, consulting a neuropsychologist, and evaluating future impacts on the patient, Toronto critical injury lawyer John McLeish writes in a paper entitled Handling the Mild to Severe Brain Injury Case.  “Proving a traumatic brain injury and the economic consequences to the brain-injured individual can

Keys to success when litigating traumatic brain injury case Read More »

Operator of luge track faces little risk in deaths

/ Personal Injury /

Operators of parks that might lure individuals to danger after-hours could be exposed to liability if proper security measures aren’t in place, says Toronto critical injury lawyer Patrick Brown. But the operator of the Alberta luge track where twin 17-year-old brothers died may not be at risk of a lawsuit, Brown says. “The brothers had worked

Operator of luge track faces little risk in deaths Read More »

Appeal court certifies class action against accounting firm

/ Class Action /

After concluding that both the motion judge and the majority of the Divisional Court erred, the Ontario Court of Appeal (OCA) has certified a class-action lawsuit against an accounting firm that involves international investors who lost money in an investment in a Chinese livestock company, says Toronto class-action lawyer Margaret Waddell. Waddell acted as counsel to

Appeal court certifies class action against accounting firm Read More »

Auto insurance industry review of catastrophic provisions unnecessary

/ Personal Injury /

An auto insurance industry review of catastrophic impairment provisions is unnecessary at this time, Toronto critical injury lawyer Dale Orlando says in Law Times. The provincial government has reopened renewed consideration of the provisions by starting stakeholder consultations not restricted to medical experts as was the case with last year’s review by the Financial Services Commission of Ontario,

Auto insurance industry review of catastrophic provisions unnecessary Read More »

Access to records vital in suspected distracted driving cases

/ Personal Injury /

Police and crash victims should have immediate access to cellphone records in suspected distracted driving cases, says Toronto critical injury lawyer Patrick Brown. Instead, law enforcement officials generally can’t access records unless they can demonstrate “reasonable and probable grounds” and a judge provides a warrant, says Brown, a partner with McLeish Orlando LLP. “We all know distracted

Access to records vital in suspected distracted driving cases Read More »

Orlando juggles busy practice with children’s online success

/ Personal Injury /

It all started with his son Johnny Orlando’s innocent Justin Bieber cover on YouTube. Now — millions of views later — Toronto critical injury lawyer Dale Orlando is balancing his busy law practice with the schedules of his social-media savvy son, and his other children, as they manage burgeoning entertainment careers. “It’s been the summer of Johnny,”

Orlando juggles busy practice with children’s online success Read More »

Study shows evidence of long-term effects of concussions

/ Personal Injury /

Brain research from the University of Ottawa provides more conclusive evidence of the long-term damage caused by concussions, says Toronto critical injury lawyer John McLeish. The Ottawa study shows there are clear signs of continuing effects of brain damage, long after early concussion symptoms disappear, the Ottawa Citizen reports. “From a personal injury law perspective, this is good

Study shows evidence of long-term effects of concussions Read More »