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Upcoming Events AUGUST 2007

OCTOBER 2007

28TH - The Annual 2007 United Senior Citizens of Ontario Inc. Conference, Best Western Hotel, Cobourg Pat Brown is presenting on – “The Threshold, the Deductible and the Elderly”.

18TH - The Law Society of Upper Canada, CLE: Personal Injury and Mental Capacity Law – Strategies for Claims Involving Incapable Parties, Donald Lamont Learning Centre, Toronto John McLeish is presenting on “Guardianship Damages in Personal Injury Cases – The Availability of Guardianship Damages in Tort and No-Fault”.

SEPTEMBER 2007 7TH - St. Michael’s Hospital, Head Injury Clinic: FOREmidable Golf Tournament John McLeish and Dale Orlando are participating in and are associate sponsors of this annual event. 14TH - Seventh Annual Spinal Cord Conference, Discharge and Beyond: Piloting your Future, Burlington Convention Center, Burlington Pat Brown and Dale Orlando are Co-Chairing this conference attended by case managers, rehabilitation professionals and specialists in MVA legislation. Pat and Dale are also presenting on “Understanding the Turbulence: New Developments in Automobile Legislation”.

18TH - The Law Society of Upper Canada, CLE: Accident Benefits: Recent Changes and Developments, Donald Lamont Learning Centre, Toronto Pat Brown is presenting on “Section 42 Examinations in a Post DAC World”. 26TH - Ontario Trial Lawyers Association: 2007 Fall Conference, The Westin Prince Hotel, Toronto Dale Orlando is presenting on “The Use of Demonstrative Evidence in Opening”.

NOVEMBER 2007 16TH - Canadian Paraplegic Society: 12th Annual Wheelchair Relay Challenge, Yorkdale Shopping Centre, Toronto McLeish Orlando will be participating in and sponsoring the event. 25TH & 26TH - The Canadian Institute’s Advanced Forum on Motor Vehicle Accident Litigation: Latest Developments and Trends in Advancing and Defending First Party and Liability Claims, Marriott Bloor Yorkville Hotel, Toronto. Pat Brown is presenting on “Playing to the Jury: Selling Your Client’s Case to Jurors”. Dale Orlando is presenting on “High Jumping Over the Raised Bar: Overcoming Threshold Challenges in the Tort Action”.

8TH - The Law Society of Upper Canada, CLE: The OatleyMcLeish Guide to Proof of Personal Injury Damages (Part Three): The Central Nervous System, Amputations, the Senses and Burns, Donald Lamont Learning Centre, Toronto John McLeish is co-chairing and presenting this program. 23RD - The Canadian Society of Medical Evaluators, 2007 Annual Conference, OBA Conference Centre, Toronto Pat Brown is presenting on “Recording Defence Medicals and IME’s: When is an Order Necessary”.

Compassionate Fatigue:

Caring For Yourself While Caring For Others

People that work as health care professionals are exposed to extremely stressful situations involving those in dire need of assistance. Those health care professionals who bring a level of caring and compassion to the plight of those they are trying to help risk suffering from compassionate fatigue. This condition is described in the literature as an extreme state of tension and preoccupation with the suffering of those being helped to the degree that it is traumatizing for the helper. Those suffering from compassionate

TABLE OF CONTENTS 1

• Compassionate Fatigue: Caring for Yourself While Caring for Others

2

• Access to Justice for Senior Citizens

OCTOBER 2007 18TH - The Law Society of Upper Canada, CLE: Personal Injury and Mental Capacity Law – Strategies for Claims Involving Incapable Parties, Donald Lamont Learning Centre, Toronto Dale Orlando is presenting on “Structuring the Settlement with an Eye to Capacity Issues”.

One Queen Street E., Suite 1620 Box 76, Toronto On M5C 2C5 PHONE: (416) 366-3311 FAX: (416) 366-3330 TOLL FREE (Canada Wide)

• Practical Strategies for Health Care Professionals Conference 3

1-866-685-3311 4

• Audio-Video Recording of Medical Examinations • Upcoming Events

fatigue may sacrifice themselves to the extent that they exhibit poor self care behaviours and, in extreme cases, suffer symptoms typically associated with posttraumatic stress disorder. Constant exposure to the stressor of caring deeply for those in extreme distress leads to symptoms such as overeating, substance abuse, lethargy and irritability. All of these factors contribute to the high rate of turnover among these professionals. The most likely to suffer from compassionate fatigue are those front line workers dealing with trauma patients. The nurses and social workers that work with this patient population and their families are typically the type of people that possess an overwhelming desire to help their fellow man/woman, often to their own detriment. This group needs to recognize that they are vulnerable to neglect their own needs or place the needs of others ahead of their own. To avoid the effects of compassionate fatigue, the literature suggests a number of different strategies including:

www.mcleishorlando.com

4

Seek, find, and remember appreciation

from supervisors and clients: These and other activities increase worker satisfactions that sustain them emotionally and spiritually in their helping. Make it known that you wish to be recognized for your service: Recognition also increases worker satisfactions and sustains them. Select one or more advocates: They are colleagues who know you as a person and as a helper and are committed to monitoring your efforts at self care. Make a formal, tangible commitment: A written, public, specific and measurable promise of letting go of work in off hours and embracing rejuvenation activities that are fun, stimulating, inspiring, and generate joy of life. Set deadlines and goals: The letting go of work plan should set deadlines and goals connected to specific activities of self care. Generate strategies that work and follow them: Such a plan must be attainable and followed with great commitment and monitored by advocates of your self care.


Access to Justice for Senior Citizens Ontario citizens will be going back to the polls on October 10th in order to vote for the next Ontario government. For many of us, it is an opportunity to reflect back on what has happened over the years since the last election as it relates to auto insurance. For many seniors it is an opportunity to challenge candidates on issues that impact on their lives and their loved ones. Many seniors who have not been involved in a car accident or hurt by a bad or drunk driver are unaware of what entitlements they may or may not have.

Did you know that the same $15,000.00 deductible virtually eliminates any compensation your grandchildren would be entitled to if you were killed in a car crash caused by a bad or drunk driver?

Did you know that in order for a retired senior to obtain any award for pain and suffering or health care costs against the bad driver that they must show that the injury “substantially interferes” with “most of their usual activities of daily living”?

Did you know that Ontario has one of the most complicated no fault accident benefits system in North America?

Did you know that the above test is different and stricter than the test that applies to employed people even though the claim is not for loss of income?

Did you know that as a result of these restrictions, fewer lawyers are able to take on seniors’ claims on a contigent basis due to the associated risks and reduced compensation?

Repeated attempts have been made by varying groups to have the present government change these measures which were to be temporary in nature. It is time for change. What is the candidate in your riding going to do about this?

Did you know that even if a senior satisfies the above test, that the insurance company will keep as a deductible $30,000.00 of their pain and suffering award if it is under $100,000.00? Did you know that the present $15,000.00 deductible that applies to fatal accidents virtually eliminates any compensation being granted to a grandparent for the death of one of their grandchildren?

Audio-Video Recording of Medical Examinations The creation of a full and reliable record is particularly important in instances where the claimant has language or cognitive impairments that prevent him or her from providing an account of the examination or instructing his or her legal counsel. The right to instruct and advise counsel is essential in the adversarial process.

difficulties and inability to recall events. The benefits of video-taping the examination to our client in this case include the following:

• The creation of a full and reliable record of statements made by our client, which will in turn facilitate the fact-finding process, avoid controversy and expedite the conduct of a trial by narrowing The necessity of electronic areas of discrepancy between the • Facilitate settlement. recording of medical examinations examiner and our client; in such circumstances has been In our case, the Court ordered that recognized by the Court in Gutierrez • Provide an objective platform there be no editing of the videofrom which to assess and contrast v. Jaffer, [2006] O.J. No. 650 (Ont. inter-assessment discrepancies recording, the operator not be S.C.J.). In Gutierrez, our firm based on the subjective perspective present in the room during the represented a plaintiff who had examination and the tape have of different assessors; severe cognitive deficits arising out sufficient capacity to eliminate any of a near-drowning incident where • If multiple recordings are created interruptions to the examination. he was suspected to be under water over a period of time, there is an These parameters, and others for over 10 minutes and VSA for ability for subsequent assessors to identified by Mr. Justice Quigley in sometime thereafter. Our concern in consider our client’s progress or Willits v. Johnston, [2003] O.J. No. this case was our client’s inability to decline, as well as consistencies or 1442 (Ont. S.C.J.), serve to alleviate convey what happened during the inconsistencies in ability or verbal any concern that the integrity of the examination due to his cognitive response; and examination will be compromised.

Practical Strategies for Health Care Professionals Conference On June 21, 2007 McLeish Orlando were co-sponsors of the 5th annual Practical Strategies for Health Care Professionals. The theme of this year’s program was Advances in Neurotrauma. One of the objectives of the program was to present to the attendees the latest scientific developments in the treatment of spinal cord and brain injuries. Another objective

2

was to present to the attendees the most modern rehabilitation techniques for treating spinal cord and brain injuries. To ensure that the objectives were fulfilled, some of the best professionals involved in research and the treatment of spinal cord and brain injuries were invited to speak at the conference. The faculty included Dr. Mark Bayley, Dr. Elizabeth Bosman, Dr.

Catherine Craven, Dr. Nora Cullen, Dr. Jane Gillett, Dr. Cheryl Masanic, Dr. Thomas McAllister, Cathie Percival, Dr. Milos Popovic and Dr. Michel Rathbone. A record number of people attended the conference. Those attending included case managers, occupational therapists, physiotherapists, speech language

pathologists, social workers, registered nurses and others involved in the care of individuals suffering from the effects of a spinal cord injury or brain injury. The overwhelming response from those attending was that the speakers delivered cutting edge papers. Those who attended the program

felt that what they learned made a significant impact on their abilities to better assist those suffering the effects of a spinal cord or brain injury. The gross proceeds from the conference totalled $12,335.00. All of the proceeds are being donated to the Toronto Rehabilitation Institute.

3


Access to Justice for Senior Citizens Ontario citizens will be going back to the polls on October 10th in order to vote for the next Ontario government. For many of us, it is an opportunity to reflect back on what has happened over the years since the last election as it relates to auto insurance. For many seniors it is an opportunity to challenge candidates on issues that impact on their lives and their loved ones. Many seniors who have not been involved in a car accident or hurt by a bad or drunk driver are unaware of what entitlements they may or may not have.

Did you know that the same $15,000.00 deductible virtually eliminates any compensation your grandchildren would be entitled to if you were killed in a car crash caused by a bad or drunk driver?

Did you know that in order for a retired senior to obtain any award for pain and suffering or health care costs against the bad driver that they must show that the injury “substantially interferes” with “most of their usual activities of daily living”?

Did you know that Ontario has one of the most complicated no fault accident benefits system in North America?

Did you know that the above test is different and stricter than the test that applies to employed people even though the claim is not for loss of income?

Did you know that as a result of these restrictions, fewer lawyers are able to take on seniors’ claims on a contigent basis due to the associated risks and reduced compensation?

Repeated attempts have been made by varying groups to have the present government change these measures which were to be temporary in nature. It is time for change. What is the candidate in your riding going to do about this?

Did you know that even if a senior satisfies the above test, that the insurance company will keep as a deductible $30,000.00 of their pain and suffering award if it is under $100,000.00? Did you know that the present $15,000.00 deductible that applies to fatal accidents virtually eliminates any compensation being granted to a grandparent for the death of one of their grandchildren?

Audio-Video Recording of Medical Examinations The creation of a full and reliable record is particularly important in instances where the claimant has language or cognitive impairments that prevent him or her from providing an account of the examination or instructing his or her legal counsel. The right to instruct and advise counsel is essential in the adversarial process.

difficulties and inability to recall events. The benefits of video-taping the examination to our client in this case include the following:

• The creation of a full and reliable record of statements made by our client, which will in turn facilitate the fact-finding process, avoid controversy and expedite the conduct of a trial by narrowing The necessity of electronic areas of discrepancy between the • Facilitate settlement. recording of medical examinations examiner and our client; in such circumstances has been In our case, the Court ordered that recognized by the Court in Gutierrez • Provide an objective platform there be no editing of the videofrom which to assess and contrast v. Jaffer, [2006] O.J. No. 650 (Ont. inter-assessment discrepancies recording, the operator not be S.C.J.). In Gutierrez, our firm based on the subjective perspective present in the room during the represented a plaintiff who had examination and the tape have of different assessors; severe cognitive deficits arising out sufficient capacity to eliminate any of a near-drowning incident where • If multiple recordings are created interruptions to the examination. he was suspected to be under water over a period of time, there is an These parameters, and others for over 10 minutes and VSA for ability for subsequent assessors to identified by Mr. Justice Quigley in sometime thereafter. Our concern in consider our client’s progress or Willits v. Johnston, [2003] O.J. No. this case was our client’s inability to decline, as well as consistencies or 1442 (Ont. S.C.J.), serve to alleviate convey what happened during the inconsistencies in ability or verbal any concern that the integrity of the examination due to his cognitive response; and examination will be compromised.

Practical Strategies for Health Care Professionals Conference On June 21, 2007 McLeish Orlando were co-sponsors of the 5th annual Practical Strategies for Health Care Professionals. The theme of this year’s program was Advances in Neurotrauma. One of the objectives of the program was to present to the attendees the latest scientific developments in the treatment of spinal cord and brain injuries. Another objective

2

was to present to the attendees the most modern rehabilitation techniques for treating spinal cord and brain injuries. To ensure that the objectives were fulfilled, some of the best professionals involved in research and the treatment of spinal cord and brain injuries were invited to speak at the conference. The faculty included Dr. Mark Bayley, Dr. Elizabeth Bosman, Dr.

Catherine Craven, Dr. Nora Cullen, Dr. Jane Gillett, Dr. Cheryl Masanic, Dr. Thomas McAllister, Cathie Percival, Dr. Milos Popovic and Dr. Michel Rathbone. A record number of people attended the conference. Those attending included case managers, occupational therapists, physiotherapists, speech language

pathologists, social workers, registered nurses and others involved in the care of individuals suffering from the effects of a spinal cord injury or brain injury. The overwhelming response from those attending was that the speakers delivered cutting edge papers. Those who attended the program

felt that what they learned made a significant impact on their abilities to better assist those suffering the effects of a spinal cord or brain injury. The gross proceeds from the conference totalled $12,335.00. All of the proceeds are being donated to the Toronto Rehabilitation Institute.

3


Upcoming Events AUGUST 2007

OCTOBER 2007

28TH - The Annual 2007 United Senior Citizens of Ontario Inc. Conference, Best Western Hotel, Cobourg Pat Brown is presenting on – “The Threshold, the Deductible and the Elderly”.

18TH - The Law Society of Upper Canada, CLE: Personal Injury and Mental Capacity Law – Strategies for Claims Involving Incapable Parties, Donald Lamont Learning Centre, Toronto John McLeish is presenting on “Guardianship Damages in Personal Injury Cases – The Availability of Guardianship Damages in Tort and No-Fault”.

SEPTEMBER 2007 7TH - St. Michael’s Hospital, Head Injury Clinic: FOREmidable Golf Tournament John McLeish and Dale Orlando are participating in and are associate sponsors of this annual event. 14TH - Seventh Annual Spinal Cord Conference, Discharge and Beyond: Piloting your Future, Burlington Convention Center, Burlington Pat Brown and Dale Orlando are Co-Chairing this conference attended by case managers, rehabilitation professionals and specialists in MVA legislation. Pat and Dale are also presenting on “Understanding the Turbulence: New Developments in Automobile Legislation”.

18TH - The Law Society of Upper Canada, CLE: Accident Benefits: Recent Changes and Developments, Donald Lamont Learning Centre, Toronto Pat Brown is presenting on “Section 42 Examinations in a Post DAC World”. 26TH - Ontario Trial Lawyers Association: 2007 Fall Conference, The Westin Prince Hotel, Toronto Dale Orlando is presenting on “The Use of Demonstrative Evidence in Opening”.

NOVEMBER 2007 16TH - Canadian Paraplegic Society: 12th Annual Wheelchair Relay Challenge, Yorkdale Shopping Centre, Toronto McLeish Orlando will be participating in and sponsoring the event. 25TH & 26TH - The Canadian Institute’s Advanced Forum on Motor Vehicle Accident Litigation: Latest Developments and Trends in Advancing and Defending First Party and Liability Claims, Marriott Bloor Yorkville Hotel, Toronto. Pat Brown is presenting on “Playing to the Jury: Selling Your Client’s Case to Jurors”. Dale Orlando is presenting on “High Jumping Over the Raised Bar: Overcoming Threshold Challenges in the Tort Action”.

8TH - The Law Society of Upper Canada, CLE: The OatleyMcLeish Guide to Proof of Personal Injury Damages (Part Three): The Central Nervous System, Amputations, the Senses and Burns, Donald Lamont Learning Centre, Toronto John McLeish is co-chairing and presenting this program. 23RD - The Canadian Society of Medical Evaluators, 2007 Annual Conference, OBA Conference Centre, Toronto Pat Brown is presenting on “Recording Defence Medicals and IME’s: When is an Order Necessary”.

Compassionate Fatigue:

Caring For Yourself While Caring For Others

People that work as health care professionals are exposed to extremely stressful situations involving those in dire need of assistance. Those health care professionals who bring a level of caring and compassion to the plight of those they are trying to help risk suffering from compassionate fatigue. This condition is described in the literature as an extreme state of tension and preoccupation with the suffering of those being helped to the degree that it is traumatizing for the helper. Those suffering from compassionate

TABLE OF CONTENTS 1

• Compassionate Fatigue: Caring for Yourself While Caring for Others

2

• Access to Justice for Senior Citizens

OCTOBER 2007 18TH - The Law Society of Upper Canada, CLE: Personal Injury and Mental Capacity Law – Strategies for Claims Involving Incapable Parties, Donald Lamont Learning Centre, Toronto Dale Orlando is presenting on “Structuring the Settlement with an Eye to Capacity Issues”.

One Queen Street E., Suite 1620 Box 76, Toronto On M5C 2C5 PHONE: (416) 366-3311 FAX: (416) 366-3330 TOLL FREE (Canada Wide)

• Practical Strategies for Health Care Professionals Conference 3

1-866-685-3311 4

• Audio-Video Recording of Medical Examinations • Upcoming Events

fatigue may sacrifice themselves to the extent that they exhibit poor self care behaviours and, in extreme cases, suffer symptoms typically associated with posttraumatic stress disorder. Constant exposure to the stressor of caring deeply for those in extreme distress leads to symptoms such as overeating, substance abuse, lethargy and irritability. All of these factors contribute to the high rate of turnover among these professionals. The most likely to suffer from compassionate fatigue are those front line workers dealing with trauma patients. The nurses and social workers that work with this patient population and their families are typically the type of people that possess an overwhelming desire to help their fellow man/woman, often to their own detriment. This group needs to recognize that they are vulnerable to neglect their own needs or place the needs of others ahead of their own. To avoid the effects of compassionate fatigue, the literature suggests a number of different strategies including:

www.mcleishorlando.com

4

Seek, find, and remember appreciation

from supervisors and clients: These and other activities increase worker satisfactions that sustain them emotionally and spiritually in their helping. Make it known that you wish to be recognized for your service: Recognition also increases worker satisfactions and sustains them. Select one or more advocates: They are colleagues who know you as a person and as a helper and are committed to monitoring your efforts at self care. Make a formal, tangible commitment: A written, public, specific and measurable promise of letting go of work in off hours and embracing rejuvenation activities that are fun, stimulating, inspiring, and generate joy of life. Set deadlines and goals: The letting go of work plan should set deadlines and goals connected to specific activities of self care. Generate strategies that work and follow them: Such a plan must be attainable and followed with great commitment and monitored by advocates of your self care.


The Fine Print - July 2007