Provincial government must face trial in daycare death lawsuit

An Ontario judge says the provincial government must face trial in a lawsuit filed by the family of a two-year-old girl who died in an unlicensed daycare three years ago. Eva Ravikovich’s parents launched a $3.5-million lawsuit against the Ministry of Education and the owners and operators of the daycare in Vaughan, Ont. They allege […]

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Wrong death lawsuits are about more than just compensation

While civil wrongful death suits may provide compensation to the families of victims, they do not always provide what many families cry out for: change aimed at preventing future deaths, Toronto critical injury lawyer Patrick Brown writes in Lawyers Weekly. “To seek change, counsel may turn to the Coroners Act for assistance,” writes Brown. “The traditional focus

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Driver may be civilly responsible in girl’s death: McLeish

The driver behind the wheel of a City of Toronto garbage truck that struck and killed a five-year-old girl, and injured others, may be civilly responsible to the families even if he isn’t ever formally charged, says Toronto critical injury lawyer John McLeish. Kayleigh Callaghan-Belanger was steps away from her Scarborough school when a truck struck

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Clients pay the price when lawyers spread too thin

Running an efficient and effective office includes limiting the number of cases individual lawyers take on so that every client gets the attention they deserve, Toronto critical injury lawyer John McLeish says in Lawyers Weekly. McLeish, a partner with McLeish Orlando LLP, says a team is assigned to every client file at the firm, including a partner, an associate

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Conference examines mild traumatic brain injury

Toronto critical injury lawyers John McLeish and Patrick Brown are participating in a Toronto Rehabilitation Institute conference Friday, presenting a workshop on compensation challenges for survivors of a mild traumatic brain injury. McLeish and Brown, partners with McLeish Orlando LLP, plan to provide an overview of the challenges faced in the tort system. The conference, called Challenges & Controversies in

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McLeish named personal injury lawyer of the year

Prominent Toronto critical injury lawyer John McLeish has been named one of Best Lawyers’ 2013 Lawyers of the Year. McLeish, partner with McLeish Orlando LLP, received the honour for his extensive work in personal injury litigation. His practice is devoted to representing individuals and their families who have suffered losses through a serious or catastrophic personal injury or the

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Punitive damages in recent actions against insurers encouraging

A recent series of successful actions obtaining punitive damages awards against insurers is encouraging, Toronto critical injury lawyer John McLeish says in Law Times. Earlier this year, lawyers took note when Justice Murray Acton of the Saskatchewan Court of Queen’s Bench awarded $4.95 million in punitive and aggravated damages against two insurers, American Home Assurance Co. and Zurich

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Arbitration process suffering because of delays

While a severe mediation backlog at the Financial Services Commission of Ontario (FSCO) has been eliminated, a bottleneck is now being felt in the arbitration process, Toronto critical injury lawyer John McLeish tells Law Times. In a recent report, auditor general Bonnie Lysyk said the province approved FSCO’s request two years ago for an additional $38.2 million over

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Strict burden of proof needed for benefits deduction

Only in the rarest of cases will a defendant in a personal injury action be permitted to deduct the value of a future stream of accident benefits from a tort award for future pecuniary loss, Toronto critical injury lawyer Dale Orlando writes in Lawyers Weekly. Referring to the decision of Madam Justice Darla Wilson, in Hoang v. Vincentini [2013] O.J.

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Proving traumatic brain injury ‘can be a daunting task’

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

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