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Latest News Articles

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Insurer’s father-daughter psychology team blasted for dodgy testing of severely hurt motorcyclist

The decision is one of the most striking in a string of cases where adjudicators questioned the objectivity of health professionals testifying about accident victims

The circumstances of Sopher’s assessment were “outrageous,” added Rhona Desroches of the FAIR advocacy group.

“These are very seriously injured people and the quality of their lives hangs in the balance when these reports are written, and the testing has to be of a certain standard.”

http://nationalpost.com/news/canada/insurers-father-daughter-psychology-team-blasted-for-dodgy-testing-of-severely-hurt-motorcyclist#comments-area

Can a driver killing a pedestrian ever be put down to a ‘momentary lapse’ in concentration?

A judge and a defence lawyer spar over the question: What kind of behaviour can be called a “momentary lapse,” which, in criminal cases at least, excuses a motorist when he (or she) drives up on a sidewalk and kills a woman?

For John Hodgson, listening in the University Ave. courtroom Thursday, the question was anything but academic.

https://www.thestar.com/news/city_hall/2017/11/16/can-a-driver-killing-a-pedestrian-ever-be-put-down-to-a-momentary-lapse-in-concentration.html

Invisible injuries: legal roadblocks

In Part 2 of a three-part series on concussions, Toronto personal injury lawyer Alison Burrison describes the legal roadblocks faced by clients suffering from the long-term effects of mild brain injuries.

After suffering a concussion, it’s essential that patients see their doctors diligently for 18 months and report every symptom that may be associated with the injury, says Toronto personal injury lawyer Alison Burrison.

http://www.advocatedaily.com/alison-burrison-invisible-injuries-legal-roadblocks-1.html

WORKERS’ COMPENSATION – Benefits – Entitlement to benefits – Accident – Compensability of injuries – Psychological injuries – Stress – Legislation – Interpretation

Appeal by Hébert from the Appeals Tribunal (Tribunal) decision which dismissed his appeal from the denial of compensation benefits. Hébert worked as an ambulance attendant with Ambulance New Brunswick. He encountered several horrible situations as a result of his employment. Eventually, he became disabled and was diagnosed with post-traumatic stress disorder (PTSD). Hébert reported his condition to his employer in January 2014 and subsequently applied for benefits from the Workplace Health, Safety and Compensation Commission (Commission). The Commission denied his claim for benefits and his appeal to the Tribunal was dismissed. The Tribunal accepted evidence from a psychologist that Hébert suffered from PTSD, but found that events within the realm of what might be witnessed generally by ambulance drivers could not qualify as traumatic events for compensation purposes.

https://www.thelawyersdaily.ca/personalinjury/articles/5202/workers-compensation-benefits-entitlement-to-benefits-accident-compensability-of-injuries-psychological-injuries-stress-legislation-interpretation

Justice system delays compound crash victims’ suffering

Delays in the justice system are compounding the suffering of road crash victims, Toronto critical injury lawyer Patrick Brown writes in The Lawyers Daily.

Brown, a senior partner with McLeish Orlando LLP, says in the article that those who stick to their guns rather than accept a “low-ball” early offer from insurance adjusters must “buckle in for the long ride, seek out welfare and hope the lights are not shut out at the family home.”

http://www.advocatedaily.com/patrick-brown-justice-system-delays-compound-crash-victims-suffering.html

Man caught driving with tablet, cellphone tied to steering wheel

A driver who was caught with his tablet computer and cellphone tied to his steering wheel was apparently surprised to learn that constitutes distracted driving.

Vancouver police pulled the man over Wednesday morning after an officer spotted him wearing headphones near Cambie Street and Broadway.

http://bc.ctvnews.ca/man-caught-driving-with-tablet-cellphone-tied-to-steering-wheel-1.3680127

Judge denies separate housework award in auto injury lawsuit

A claim for interference with homemaking capability “must be scrutinized carefully” in an auto personal injury lawsuit, a British Columbia judge suggested in a recent ruling that cites an earlier Court of Appeal for Ontario ruling.

https://www.canadianunderwriter.ca/legal/judge-denies-separate-housework-award-auto-injury-lawsuit-1004123795/

Rapid Fire Questions and Answer with Personal Injury Lawyer Brian Goldfinger

We get a lot of questions from the readers of the Toronto Injury Lawyer Blog. Some serious. Some silly. This will be a mailbag installment of our blog whereby personal injury lawyer Brian Goldfinger will respond to those questions.

https://www.torontoinjurylawyerblog.com/2017/11/rapid-fire-questions-answer-personal-injury-lawyer-brian-goldfinger.html?utm_content=buffer972e6&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

Car Accident Case Testimonial – Meet Kasey

Kasey was on his way home from volunteering for a youth facility, when everything in life changed instantaneously. He was suddenly struck head-on by a drunk driver who crossed two lanes of traffic, leaving him pinned in his car. Kasey suffered numerous serious injuries, including a shattered wrist, a fractured pelvis and a dislocated leg.

https://lernerspersonalinjury.ca/clients/car-accident-case-testimonial-meet-kasey/

Accidents abroad: protect yourself part 2

In part 2 of our mini-series on accidents abroad, Kitchener litigation lawyer Graham Bennett discusses what you should do if you get into an accident abroad.

Saying “sorry” may be a stereotypically Canadian trait, but Kitchener litigation lawyer Graham Bennett says Canadians should resist the temptation to apologize if they get into a car crash outside the country.

http://www.advocatedaily.com/graham-bennett-accidents-abroad-protect-yourself-part-2-1.html