Issuu on Google+

Upcoming Events

continued from pg. 3

The Deering Story

AUGUST, 2006 28th - William Osler Health Centre Foundation Golf Tournament McLeish Orlando is a sponsor of this event.

SEPTEMBER, 2006 14th – Discharge and Beyond, 6th Annual Discharge and Beyond Spinal Cord Conference Burlington Convention Center. John McLeish will be one of the experts participating in a Mock Trial Presentation at the conference. Dale Orlando will be presenting his paper entitled “Evolution of the Catastrophic Impairment”. Patrick Brown will be presenting his paper entitled “Client Entitlement to Attendant Care Benefits”. Sheri-lyn Roberts will be presenting her paper entitled “I Want to Play: Recreation after Spinal Cord Injury”. 14th - The Law Society of Upper Canada, Trial Lawyer’s Evidence Notebook, Donald Lamont Learning Centre, Toronto 15th - St Michael's Hospital Head Injury Charity Golf Tournament McLeish Orlando is one of the lead sponsors of this event. 17th – Canadian Paraplegic Association Wheelchair Relay Challenge, Yorkdale Shopping Centre, Toronto. Once again McLeish Orlando will be fielding a team for the relay and will be sponsoring the team from Sunnybrook Health Sciences Centre as well.

OCTOBER, 2006 28th & 29th – Ontario Trial Lawyers Association Fall Conference, The Complete Tort Lawyer, The Westin Prince, Toronto Dale Orlando will be presenting a paper on Offers to Settle. Patrick Brown will be presenting a paper on Proving Loss of Handyman Capacity.

Now living in an accessible home that was built largely through donations and the tireless efforts of their father, Tony Deering, the girls are about to embark on the next chapter in their story. Shannon and Erica are scheduled to travel to Beijing in Dec 2006 for experimental spinal surgery. They are in the process of raising the expected $120,000.00 total cost of the trip and surgery through a series of fundraisers that are described in detail on their website - www.angelsfootprints.com. It is hoped that the surgery will restore function to the arms, hands and fingers of the girls. Anyone who wishes to make a donation may do so at any Royal Bank branch. The transit number is 03962, and the account number is 5081609.

NOVEMBER, 2006 17th – Ontario Trial Lawyers Association Celebration of the Personal Injury Bar , A Toast to Four Great Lawyers of the Personal Injury Bar, The Four Seasons, Toronto John McLeish will be recognized as a leading trial advocate of the Personal Injury Bar. 23rd & 24th - Toronto ABI Conference: Brain Injury and Beyond, Holiday Inn, Toronto McLeish Orlando is a Platinum Sponsor of this event and will also be in attendance.

4

Coping with Brain Injury An individual who suffers a brain injury is no longer the same person. The person may behave and think differently. The differences may be large or small. Learning to live with these changes produces stress and anxiety for the individual who has suffered the brain injury and for close family members. In the early stages following a brain injury, family members are more anxious than the

TABLE OF CONTENTS 1

• Coping with Brain Injury

2

• Social Host Liability • McLeish Orlando Volunteers in Sri Lanka

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

1-866-685-3311 (905) 574-6210

HAMILTON:

www.mcleishorlando.com

3

• The Deering Story • Coping with Brain Injury continued

4

• Upcoming Events • The Deering Story continued

injured person, who is often unaware of significant disabling deficits. Injuries to a person’s brain are not like other injuries. Little is known about how an individual recovers from a brain injury. Information you receive about prognosis and how much recovery to expect can vary between physicians and other health professionals from not much hope to almost complete recovery. The information that is given is directed to what is best for the brain-injured individual. Very little information is given about the best ways for close family members to cope. What follows are certain recommendations which our experience has taught us will maximize the best possible outcome for the individual who has suffered a brain injury and help ease the way for family members: As soon as possible and before giving any interviews to insurance adjusters or insurance company

appointed case managers, consult with a lawyer experienced in representing individuals who have suffered brain injuries. A lawyer skilled in representing individuals who have suffered brain injuries can do several things for you: provide you with the name and contact details of the very best rehabilitation professionals outside the hospital setting; give you information regarding the injured person’s entitlement to CPP benefits, disability benefits and accident benefits from an automobile insurance company; advise you about financial recovery from the insurance companies of negligence parties; and take away the burden of most of the paper work and the stress from legal issues, which continued on page 3


The Supreme Court addresses the issue of

Social Host

The Supreme Court of Canada has recently released it’s much anticipated decision in the Childs v. Desormeaux case regarding social host liability. As a general rule, the Court held that a host of a private party where alcohol is served is not liable to a person who is injured by the guest unless the host was actively involved in creating or contributing to the event that caused the injury. The events giving rise to this case are tragic. A New Years Eve party was hosted by a couple at their home. The guests were to bring their own drinks. One of the guests left the party intoxicated and smashed head-on into another car, leaving one person dead, two persons seriously injured, and Zoe Child paralyzed from the waist down. The Court found that the hosts of the party were not liable for Zoe’s injuries. They had not served the drunk driver drinks at the party, nor did they know that he was impaired. In reaching the decision, the Court took note: “A social host at a party where alcohol is served is not under a duty of care to members of the public who may be injured by a guest's actions, unless the host's conduct implicates him or her in the creation or exacerbation of the risk.”

The

The Court did not, however, slam the door completely shut on exposing the host to liability. It went on to state: “More is required to establish a danger or risk that requires positive action. It might be argued that a host who continues to serve alcohol to a visibly inebriated person knowing that he or she will be driving home has become implicated in the creation or enhancement of a risk sufficient to give rise to a prima facie duty of care to third parties, which would be subject to contrary policy considerations at the second stage of the Anns test” Although the Court clearly limited liability on a host of a party, social hosts could still be on the hook if they actively serve alcohol to a visibly intoxicated person knowing full well they intend to drive away.

Deering Story

On Tuesday, August 10, 2004 @ 10:45 p.m, the life of our client, Erica Deering, was changed forever. Sixteen year old Erica Deering was a passenger in a car being driven by her nineteen year old sister, Shannon Deering, down Coates Road in the Township of Scugog. As a result of a number of factors, Shannon Deering lost control of her vehicle and a horrific crash followed. Both Erica and Shannon suffered severed spinal cords leaving them quadriplegics. Despite their catastrophic injuries, both girls have shown an amazing strength of character and spirit and have worked incredibly hard in their rehabilitation. continued on pg. 4

McLeish Orlando Volunteers in Sri Lanka In December 2004, a massive Tsunami struck the coasts of Indonesia, Malaysia, Myanmar, Thailand, Bangladesh, Sri Lanka, India, and the east coast of Africa, killing about 200,000 people and causing untold destruction. In Sri Lanka alone, 500,000 people were left homeless. Millions around the world responded by generously donating to relief agencies in record numbers. In April 2005, a group of Canadians visited Sri

2

Lanka to observe the progress that had been made by those agencies. Though much had been accomplished, they saw a continuing need for housing and decided to do something to help meet that need. TRIP Canada was born. TRIP Canada set out to build a small community in the hard-hit southern coast of Sri Lanka, using a mix of Canadian volunteers working side-by-side with local Sri Lankan families and work crews.

By December 2005, the first group of TRIP volunteers was on the ground in the southern village of Tangalle, building the first of 18 homes. McLeish Orlando sponsored two of the Canadian volunteers, including associate lawyer Rikin Morzaria, to spend two weeks in Sri Lanka for the initial building phase of the Tangalle community. In just two weeks and using only handheld tools, the joint Sri LankanCanadian team completed the

first home, dug the foundation for four additional homes, and began brickwork on those homes. For our volunteers, the experience was immensely rewarding, as it gave them the opportunity to see the direct result of their contributions. Before leaving, TRIP presented its first complete home to a displaced family in a traditional Buddhist ceremony. McLeish Orlando is proud to have been a major contributor to TRIP’s efforts in Tangalle.

continued from pg. 1

Coping

with

Brain Injury

can complicate recovery from a brain injury. A lawyer skilled in representing individuals who have suffered brain injuries allows family members to concentrate their efforts on helping the injured individual and helping themselves cope. Be assertive without being aggressive about getting the needs of the injured individual met, as well as your own needs. Ask questions until you get answers, even though sometimes there will be no definite answer. Remember, that while you are not a medical expert, no one knows the injured individual better than you. You knew the injured person before the injury and you interact intimately on a daily basis with the individual. You know what strengths and weaknesses existed before the injury as well as the individual’s personality.

behavioural problems following head injury are usually more disabling than medical or physical problems. Therefore, you must ensure that the injured individual receives a detailed neuropsychological evaluation and that the results of that evaluation are discussed with you in terms which you can understand. If you know what abilities are impaired you are less likely to make unreasonable demands upon your loved one (and on yourself) and you are more likely to be able to anticipate problems.

Contact and join those organizations which focus their efforts on prevention, treatment and research into head injury. The Ontario Brain Injury Association is an excellent choice, as is a local brain injury association in your area. These organizations can provide you with detailed information about community resources and facilities, put you in touch with other Educate yourself and become individuals who have surmounted the knowledgeable about the appropriate problems you are currently facing, management of specific issues and help you get your needs met. related to the injury. Because of Avoid attempts to be Superman or tremendous time constraints and Wonder Woman. Maybe the injured many patients to treat, many individual can do some things you neurosurgeons and other physicians are doing, albeit not quite as quickly involved in treating the injured or as well. Most injured individuals person, while very skilful, have little have too much time on their hands time to sit down and teach you how to anyway – let them try. Living with a supervise medical care. The nursing person who has sustained a head staff is most likely to have more time injury is frustrating, exhausting, and to teach you specific procedures and stressful. If you maintain your to answer your unasked questions, perspective, your sense of humour, but even the nurses are under heavy and your ability to call upon others time constraints. for assistance and support, it can also Cognitive (thinking, memory, be a rewarding experience for the reasoning, judgment, etc.) and entire family.

3


The Supreme Court addresses the issue of

Social Host

The Supreme Court of Canada has recently released it’s much anticipated decision in the Childs v. Desormeaux case regarding social host liability. As a general rule, the Court held that a host of a private party where alcohol is served is not liable to a person who is injured by the guest unless the host was actively involved in creating or contributing to the event that caused the injury. The events giving rise to this case are tragic. A New Years Eve party was hosted by a couple at their home. The guests were to bring their own drinks. One of the guests left the party intoxicated and smashed head-on into another car, leaving one person dead, two persons seriously injured, and Zoe Child paralyzed from the waist down. The Court found that the hosts of the party were not liable for Zoe’s injuries. They had not served the drunk driver drinks at the party, nor did they know that he was impaired. In reaching the decision, the Court took note: “A social host at a party where alcohol is served is not under a duty of care to members of the public who may be injured by a guest's actions, unless the host's conduct implicates him or her in the creation or exacerbation of the risk.”

The

The Court did not, however, slam the door completely shut on exposing the host to liability. It went on to state: “More is required to establish a danger or risk that requires positive action. It might be argued that a host who continues to serve alcohol to a visibly inebriated person knowing that he or she will be driving home has become implicated in the creation or enhancement of a risk sufficient to give rise to a prima facie duty of care to third parties, which would be subject to contrary policy considerations at the second stage of the Anns test” Although the Court clearly limited liability on a host of a party, social hosts could still be on the hook if they actively serve alcohol to a visibly intoxicated person knowing full well they intend to drive away.

Deering Story

On Tuesday, August 10, 2004 @ 10:45 p.m, the life of our client, Erica Deering, was changed forever. Sixteen year old Erica Deering was a passenger in a car being driven by her nineteen year old sister, Shannon Deering, down Coates Road in the Township of Scugog. As a result of a number of factors, Shannon Deering lost control of her vehicle and a horrific crash followed. Both Erica and Shannon suffered severed spinal cords leaving them quadriplegics. Despite their catastrophic injuries, both girls have shown an amazing strength of character and spirit and have worked incredibly hard in their rehabilitation. continued on pg. 4

McLeish Orlando Volunteers in Sri Lanka In December 2004, a massive Tsunami struck the coasts of Indonesia, Malaysia, Myanmar, Thailand, Bangladesh, Sri Lanka, India, and the east coast of Africa, killing about 200,000 people and causing untold destruction. In Sri Lanka alone, 500,000 people were left homeless. Millions around the world responded by generously donating to relief agencies in record numbers. In April 2005, a group of Canadians visited Sri

2

Lanka to observe the progress that had been made by those agencies. Though much had been accomplished, they saw a continuing need for housing and decided to do something to help meet that need. TRIP Canada was born. TRIP Canada set out to build a small community in the hard-hit southern coast of Sri Lanka, using a mix of Canadian volunteers working side-by-side with local Sri Lankan families and work crews.

By December 2005, the first group of TRIP volunteers was on the ground in the southern village of Tangalle, building the first of 18 homes. McLeish Orlando sponsored two of the Canadian volunteers, including associate lawyer Rikin Morzaria, to spend two weeks in Sri Lanka for the initial building phase of the Tangalle community. In just two weeks and using only handheld tools, the joint Sri LankanCanadian team completed the

first home, dug the foundation for four additional homes, and began brickwork on those homes. For our volunteers, the experience was immensely rewarding, as it gave them the opportunity to see the direct result of their contributions. Before leaving, TRIP presented its first complete home to a displaced family in a traditional Buddhist ceremony. McLeish Orlando is proud to have been a major contributor to TRIP’s efforts in Tangalle.

continued from pg. 1

Coping

with

Brain Injury

can complicate recovery from a brain injury. A lawyer skilled in representing individuals who have suffered brain injuries allows family members to concentrate their efforts on helping the injured individual and helping themselves cope. Be assertive without being aggressive about getting the needs of the injured individual met, as well as your own needs. Ask questions until you get answers, even though sometimes there will be no definite answer. Remember, that while you are not a medical expert, no one knows the injured individual better than you. You knew the injured person before the injury and you interact intimately on a daily basis with the individual. You know what strengths and weaknesses existed before the injury as well as the individual’s personality.

behavioural problems following head injury are usually more disabling than medical or physical problems. Therefore, you must ensure that the injured individual receives a detailed neuropsychological evaluation and that the results of that evaluation are discussed with you in terms which you can understand. If you know what abilities are impaired you are less likely to make unreasonable demands upon your loved one (and on yourself) and you are more likely to be able to anticipate problems.

Contact and join those organizations which focus their efforts on prevention, treatment and research into head injury. The Ontario Brain Injury Association is an excellent choice, as is a local brain injury association in your area. These organizations can provide you with detailed information about community resources and facilities, put you in touch with other Educate yourself and become individuals who have surmounted the knowledgeable about the appropriate problems you are currently facing, management of specific issues and help you get your needs met. related to the injury. Because of Avoid attempts to be Superman or tremendous time constraints and Wonder Woman. Maybe the injured many patients to treat, many individual can do some things you neurosurgeons and other physicians are doing, albeit not quite as quickly involved in treating the injured or as well. Most injured individuals person, while very skilful, have little have too much time on their hands time to sit down and teach you how to anyway – let them try. Living with a supervise medical care. The nursing person who has sustained a head staff is most likely to have more time injury is frustrating, exhausting, and to teach you specific procedures and stressful. If you maintain your to answer your unasked questions, perspective, your sense of humour, but even the nurses are under heavy and your ability to call upon others time constraints. for assistance and support, it can also Cognitive (thinking, memory, be a rewarding experience for the reasoning, judgment, etc.) and entire family.

3


Upcoming Events

continued from pg. 3

The Deering Story

AUGUST, 2006 28th - William Osler Health Centre Foundation Golf Tournament McLeish Orlando is a sponsor of this event.

SEPTEMBER, 2006 14th – Discharge and Beyond, 6th Annual Discharge and Beyond Spinal Cord Conference Burlington Convention Center. John McLeish will be one of the experts participating in a Mock Trial Presentation at the conference. Dale Orlando will be presenting his paper entitled “Evolution of the Catastrophic Impairment”. Patrick Brown will be presenting his paper entitled “Client Entitlement to Attendant Care Benefits”. Sheri-lyn Roberts will be presenting her paper entitled “I Want to Play: Recreation after Spinal Cord Injury”. 14th - The Law Society of Upper Canada, Trial Lawyer’s Evidence Notebook, Donald Lamont Learning Centre, Toronto 15th - St Michael's Hospital Head Injury Charity Golf Tournament McLeish Orlando is one of the lead sponsors of this event. 17th – Canadian Paraplegic Association Wheelchair Relay Challenge, Yorkdale Shopping Centre, Toronto. Once again McLeish Orlando will be fielding a team for the relay and will be sponsoring the team from Sunnybrook Health Sciences Centre as well.

OCTOBER, 2006 28th & 29th – Ontario Trial Lawyers Association Fall Conference, The Complete Tort Lawyer, The Westin Prince, Toronto Dale Orlando will be presenting a paper on Offers to Settle. Patrick Brown will be presenting a paper on Proving Loss of Handyman Capacity.

Now living in an accessible home that was built largely through donations and the tireless efforts of their father, Tony Deering, the girls are about to embark on the next chapter in their story. Shannon and Erica are scheduled to travel to Beijing in Dec 2006 for experimental spinal surgery. They are in the process of raising the expected $120,000.00 total cost of the trip and surgery through a series of fundraisers that are described in detail on their website - www.angelsfootprints.com. It is hoped that the surgery will restore function to the arms, hands and fingers of the girls. Anyone who wishes to make a donation may do so at any Royal Bank branch. The transit number is 03962, and the account number is 5081609.

NOVEMBER, 2006 17th – Ontario Trial Lawyers Association Celebration of the Personal Injury Bar , A Toast to Four Great Lawyers of the Personal Injury Bar, The Four Seasons, Toronto John McLeish will be recognized as a leading trial advocate of the Personal Injury Bar. 23rd & 24th - Toronto ABI Conference: Brain Injury and Beyond, Holiday Inn, Toronto McLeish Orlando is a Platinum Sponsor of this event and will also be in attendance.

4

Coping with Brain Injury An individual who suffers a brain injury is no longer the same person. The person may behave and think differently. The differences may be large or small. Learning to live with these changes produces stress and anxiety for the individual who has suffered the brain injury and for close family members. In the early stages following a brain injury, family members are more anxious than the

TABLE OF CONTENTS 1

• Coping with Brain Injury

2

• Social Host Liability • McLeish Orlando Volunteers in Sri Lanka

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

1-866-685-3311 (905) 574-6210

HAMILTON:

www.mcleishorlando.com

3

• The Deering Story • Coping with Brain Injury continued

4

• Upcoming Events • The Deering Story continued

injured person, who is often unaware of significant disabling deficits. Injuries to a person’s brain are not like other injuries. Little is known about how an individual recovers from a brain injury. Information you receive about prognosis and how much recovery to expect can vary between physicians and other health professionals from not much hope to almost complete recovery. The information that is given is directed to what is best for the brain-injured individual. Very little information is given about the best ways for close family members to cope. What follows are certain recommendations which our experience has taught us will maximize the best possible outcome for the individual who has suffered a brain injury and help ease the way for family members: As soon as possible and before giving any interviews to insurance adjusters or insurance company

appointed case managers, consult with a lawyer experienced in representing individuals who have suffered brain injuries. A lawyer skilled in representing individuals who have suffered brain injuries can do several things for you: provide you with the name and contact details of the very best rehabilitation professionals outside the hospital setting; give you information regarding the injured person’s entitlement to CPP benefits, disability benefits and accident benefits from an automobile insurance company; advise you about financial recovery from the insurance companies of negligence parties; and take away the burden of most of the paper work and the stress from legal issues, which continued on page 3


The Fine Print - June 2006