Page 1

Upcoming Events DECEMBER, 2006 4th & 5th - Insight Information Conference, Litigating Catastrophic Disability and Damages, St. Andrew’s Club and Conference Centre, Toronto

continued from pg. 3

Justice for Cynthia Ishoy Following a Four-Year Legal Battle

Pat Brown will be in attendance as Co-Chair of this event.

JANUARY, 2007

various doctors who treated her, as well as Hamilton personal trainer Ernie Schramayr, to testify to her resolve to battle through to compete for Canada.

Understanding and Coping with a Spinal Cord Injury

11th & 12th - Canadian Institute of Life Care Planners, Certification Program, Toronto Pat Brown will be presenting on the topic of Future Care Costs at this conference. 19th - The Advocates’ Society, Annual Tricks of the Trade Conference, Practical Strategies for Winning Auto Cases, The Sheraton Centre, Toronto Dale Orlando will be in attendance as Co-Chair of this event. John McLeish will be presenting his paper on How to Prove and Disprove Future Costs of Care.

As she waged her four-year legal battle, Cindy said she was sustained by belief in herself and the confidence that a jury would understand an Olympic athlete would persevere where someone else might not. Her confidence was justified: the jury backed Cindy Ishoy's position, attributing 100 per cent blame to the driver who hit her and awarding her more than triple what the defence lawyer offered before trial.

30th to February 2 - OTLA Ski & CLE, Vail Mountain Marriott Resort, Vail, Colorado John McLeish will be presenting on the topic of Do’s and Don’ts of Persuading the Jury.

FEBRUARY, 2007 20th & 21st - Toronto Canadian Institute Conference, Litigating Personal Injury Damages, The Westin Prince Hotel, Toronto Pat Brown will be in attendance as Co-Chair of this event and speaking on the topic of Dealing with Injuries Involving Infants.

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:

4

www.mcleishorlando.com

Paraplegia is a result of a spinal cord lesion at the level of the thoracic vertebrae or lower down the lumber and cocygeal regions. Loss of motor function or sensation affects the legs and the lower trunk.

in the legs, the arms and the trunk, including the thorax (chest). The severity of the loss can vary.

At present, damage to the spinal cord is permanent. We can hope that scientific progress will one day make Quadriplegia or tetraplegia is the real healing of spinal cord injuries result of a spinal core lesion at the possible. Until that day, however, the How does a person who has suffered level of the neck (cervical vertebrae). important thing is to learn to live with a spinal cord injury get started on returning to an active, independent A loss of motor function and one's disability. and rewarding life? It is important for sensation, or of both together, occurs Many individuals find no reason to a person to plan a personal strategy live after suffering a spinal cord and set short and medium term goals. injury. It is natural to feel It is very difficult to do this on one’s TABLE OF CONTENTS depression, anxiety and rage. These own. The support of family and feelings change. However, such friends is of course, important. 1 • Understanding and Coping with individuals must go through a period However, one of the best ways to get a Spinal Cord Injury of profound upheaval. They have to started, when the person is ready, is to 2 • Access to Justice and the accept living day to day until the contact the Peer Support Program of Innocent Accident Victim powerful emotions that weigh them the Canadian Paraplegic Association. • McLeish Orlando Raises Money down after the injury have been This group of dedicated, skillful and for Spinal Cord Research exhausted. But the experiences of caring individuals can answer an 3 • Justice for Cynthia Ishoy thousands of persons who have injured person’s questions, give the Following a Four-Year Legal suffered a spinal cord injury show person real hope, and get the person Battle that a person who has suffered a started on the road to meeting the 4 • Upcoming Events spinal cord injury can regain his or challenges of his or her new • Justice for Cynthia Ishoy her equilibrium. Following a Four-Year Legal circumstances. Battle


Access to Justice and the Innocent Accident Victim

Justice for Cynthia Ishoy Following a

Changes to auto insurance before the last election have unfairly limited an innocent accident victim’s right to Access to Justice and are discriminatory to the elderly, homemakers, the unemployed and children.

and suffering not exceeding $100,000.00 are subject to a deductible of $30,000.00. The insurance company simply does not pay the first $30,000.00 of the innocent person’s entitlement.

Moreover, developments since these changes were made have shown that they were unnecessary and merely fund an inefficient no-fault compensation scheme, while at the same time allowing huge profits to insurers. The two changes of immediate concern are the regulation which defines the verbal threshold (the “defining regulation”) and the deductible against pain and suffering claims.

At the same time, the insurance industry has earned record profits since 2003 – estimated at exceeding $14 billion – and is expected to continue making large profits. These profits have been enjoyed before any significant cases have come through the system under the post-October 2003 changes. In other words, the October 2003 restrictions will only now start to impact on insurer profits, driving them up even further.

First, innocent accident victims are deprived of a claim for pain and suffering unless their injuries meet a strict test (the “verbal threshold”). The defining regulation, which affects accidents occurring on and after October 1, 2003, made the verbal threshold a much more difficult test to meet. It is also discriminatory because the test for people outside the work force, like children, the elderly and stay at home parents is much stricter than the test applied to the employed. This is so, even though they may suffer the exact same type of injuries. To add insult to injury, even if the injuries are sufficiently serious to get over the defining regulation, claims for pain

Four-Year Legal Battle On Sunday, May 13, 2001, five-time Olympian dressage rider Cindy Ishoy was on her way to an equestrian centre in Newmarket for the North American team trials in dressage. A young rider who Cindy coached was waiting for Cindy at the equestrian centre. As Cindy was approaching the driveway to the equestrian centre, a car driven by an off-duty police officer who had just finished an overnight shift slammed into the rear of Cindy’s car. Her car spun around and rolled three times down an embankment beside the road before it finally came to a stop. Amazingly, Cindy was able to get out of the car and walk to the equestrian centre across the street to coach her student.

This has resulted in an insurance industry enjoying record profits while thousands of innocent Ontarians seriously injured in motor vehicle accidents are deprived of fair compensation. The level of insurer profits confirms that the defining regulation can be revoked and the deductible returned to preOctober 2003 levels, while at the same time maintaining premiums at current levels and allowing a viable insurance industry. How can you help? Contact your local MPP and express the need for change now.

Canadian Paraplegic Society’s Annual Wheelchair Relay Challenge.

McLeish Orlando Raises Money for Spinal Cord Research For the 5th year in a row, McLeish Orlando fielded a team of racers to participate in the Canadian Paraplegic Society’s Annual Wheelchair Relay Challenge. This year’s team consisted of firm members, John McLeish, Dale Orlando, Rikin Morzaria, Karen Fletcher, Paulyn Chundamala, Linda Wynne, Tara Granken, Annie Skinner and Laura Kunkle.

2

In addition to entering a team of

firm members, we also sponsored a team entered by Sunnybrook Hospital called the “Traumatically Hip”. Pictured in the photograph is Renat Mayer, a social worker from Sunnybrook and Women’s College hospital, blazing her way around the track at Yorkdale Shopping Centre on Sunday, September 17th.

$263,000 to benefit CPA Ontario programs that assist persons with spinal cord injuries and other physical disabilities to achieve independence, self-reliance and full community participation.

This year marks the 11th anniversary of CPA Ontario’s Toronto Wheelchair Relay Challenge. The relay is a public Seventy–five corporate and education and awareness event community teams vied for that brings together individuals position to help raise more than who are able-bodied and persons

with disabilities to use a wheelchair to complete a .75 km lap of the track. It’s a challenge for the fastest time and a competition to see which team can raise the most money for CPA Ontario. Although the McLeish Orlando entry, dubbed the “McLeish Orlando Magic”, failed to finish with the fastest time overall we raised nearly $5,000.00 for the event and had some fun in the process.

"I had some kind of tunnel vision. I had a lesson to teach and I was going to do my job,” said Cindy. Unfortunately, Cindy soon learned that she had suffered significant damage to the muscles and ligaments in her neck and shoulders, as well a narrowing of a nerve root in her neck. These injuries left Cindy with daily headaches, neck pain, and chronic right shoulder pain. Cindy’s injuries severely limited her ability to train horses, which was Cindy’s source of income and the only job she had ever held since she was a teenager. "The accident changed my life. Because of the pain, there are some horses I can't train and I can only do half the work now."

Her husband Neil's life changed, too, as he had to pick up her work at their business, Ishoy Enterprises. However, Cindy remained successful as a competitive rider and she represented Canada at the Athens Olympics in 2004. The legal team for the driver who caused the crash denied responsibility for the accident and tried to discredit her claims by saying if her injuries were so bad, how could she possibly compete in the Athens Olympics three years later? The defence lawyer made no offer to settle until just six days before trial. Cindy’s lawyers Patrick Brown and Rikin Morzaria, who represented Cindy at trial, stated that someone without Cindy's drive or belief in herself might have given up instead of pushing for justice. "Everything in your life is open to scrutiny, your marriage, any psychiatric history," said Cindy. At trial she was grilled on those matters while Brown and Morzaria stressed the determination that enabled her to rise from a teenage stable mucker to among the best at her sport in the world. "The jury was asked to look differently at an elite athlete than an average person," said Brown. "Cindy is a remarkable person who was able to fight through pain, using all the resources she could, to get to Athens and compete in the Olympics." Brown continued onand pg. 4 Morzaria drew on

3


Access to Justice and the Innocent Accident Victim

Justice for Cynthia Ishoy Following a

Changes to auto insurance before the last election have unfairly limited an innocent accident victim’s right to Access to Justice and are discriminatory to the elderly, homemakers, the unemployed and children.

and suffering not exceeding $100,000.00 are subject to a deductible of $30,000.00. The insurance company simply does not pay the first $30,000.00 of the innocent person’s entitlement.

Moreover, developments since these changes were made have shown that they were unnecessary and merely fund an inefficient no-fault compensation scheme, while at the same time allowing huge profits to insurers. The two changes of immediate concern are the regulation which defines the verbal threshold (the “defining regulation”) and the deductible against pain and suffering claims.

At the same time, the insurance industry has earned record profits since 2003 – estimated at exceeding $14 billion – and is expected to continue making large profits. These profits have been enjoyed before any significant cases have come through the system under the post-October 2003 changes. In other words, the October 2003 restrictions will only now start to impact on insurer profits, driving them up even further.

First, innocent accident victims are deprived of a claim for pain and suffering unless their injuries meet a strict test (the “verbal threshold”). The defining regulation, which affects accidents occurring on and after October 1, 2003, made the verbal threshold a much more difficult test to meet. It is also discriminatory because the test for people outside the work force, like children, the elderly and stay at home parents is much stricter than the test applied to the employed. This is so, even though they may suffer the exact same type of injuries. To add insult to injury, even if the injuries are sufficiently serious to get over the defining regulation, claims for pain

Four-Year Legal Battle On Sunday, May 13, 2001, five-time Olympian dressage rider Cindy Ishoy was on her way to an equestrian centre in Newmarket for the North American team trials in dressage. A young rider who Cindy coached was waiting for Cindy at the equestrian centre. As Cindy was approaching the driveway to the equestrian centre, a car driven by an off-duty police officer who had just finished an overnight shift slammed into the rear of Cindy’s car. Her car spun around and rolled three times down an embankment beside the road before it finally came to a stop. Amazingly, Cindy was able to get out of the car and walk to the equestrian centre across the street to coach her student.

This has resulted in an insurance industry enjoying record profits while thousands of innocent Ontarians seriously injured in motor vehicle accidents are deprived of fair compensation. The level of insurer profits confirms that the defining regulation can be revoked and the deductible returned to preOctober 2003 levels, while at the same time maintaining premiums at current levels and allowing a viable insurance industry. How can you help? Contact your local MPP and express the need for change now.

Canadian Paraplegic Society’s Annual Wheelchair Relay Challenge.

McLeish Orlando Raises Money for Spinal Cord Research For the 5th year in a row, McLeish Orlando fielded a team of racers to participate in the Canadian Paraplegic Society’s Annual Wheelchair Relay Challenge. This year’s team consisted of firm members, John McLeish, Dale Orlando, Rikin Morzaria, Karen Fletcher, Paulyn Chundamala, Linda Wynne, Tara Granken, Annie Skinner and Laura Kunkle.

2

In addition to entering a team of

firm members, we also sponsored a team entered by Sunnybrook Hospital called the “Traumatically Hip”. Pictured in the photograph is Renat Mayer, a social worker from Sunnybrook and Women’s College hospital, blazing her way around the track at Yorkdale Shopping Centre on Sunday, September 17th.

$263,000 to benefit CPA Ontario programs that assist persons with spinal cord injuries and other physical disabilities to achieve independence, self-reliance and full community participation.

This year marks the 11th anniversary of CPA Ontario’s Toronto Wheelchair Relay Challenge. The relay is a public Seventy–five corporate and education and awareness event community teams vied for that brings together individuals position to help raise more than who are able-bodied and persons

with disabilities to use a wheelchair to complete a .75 km lap of the track. It’s a challenge for the fastest time and a competition to see which team can raise the most money for CPA Ontario. Although the McLeish Orlando entry, dubbed the “McLeish Orlando Magic”, failed to finish with the fastest time overall we raised nearly $5,000.00 for the event and had some fun in the process.

"I had some kind of tunnel vision. I had a lesson to teach and I was going to do my job,” said Cindy. Unfortunately, Cindy soon learned that she had suffered significant damage to the muscles and ligaments in her neck and shoulders, as well a narrowing of a nerve root in her neck. These injuries left Cindy with daily headaches, neck pain, and chronic right shoulder pain. Cindy’s injuries severely limited her ability to train horses, which was Cindy’s source of income and the only job she had ever held since she was a teenager. "The accident changed my life. Because of the pain, there are some horses I can't train and I can only do half the work now."

Her husband Neil's life changed, too, as he had to pick up her work at their business, Ishoy Enterprises. However, Cindy remained successful as a competitive rider and she represented Canada at the Athens Olympics in 2004. The legal team for the driver who caused the crash denied responsibility for the accident and tried to discredit her claims by saying if her injuries were so bad, how could she possibly compete in the Athens Olympics three years later? The defence lawyer made no offer to settle until just six days before trial. Cindy’s lawyers Patrick Brown and Rikin Morzaria, who represented Cindy at trial, stated that someone without Cindy's drive or belief in herself might have given up instead of pushing for justice. "Everything in your life is open to scrutiny, your marriage, any psychiatric history," said Cindy. At trial she was grilled on those matters while Brown and Morzaria stressed the determination that enabled her to rise from a teenage stable mucker to among the best at her sport in the world. "The jury was asked to look differently at an elite athlete than an average person," said Brown. "Cindy is a remarkable person who was able to fight through pain, using all the resources she could, to get to Athens and compete in the Olympics." Brown continued onand pg. 4 Morzaria drew on

3


Upcoming Events DECEMBER, 2006 4th & 5th - Insight Information Conference, Litigating Catastrophic Disability and Damages, St. Andrew’s Club and Conference Centre, Toronto

continued from pg. 3

Justice for Cynthia Ishoy Following a Four-Year Legal Battle

Pat Brown will be in attendance as Co-Chair of this event.

JANUARY, 2007

various doctors who treated her, as well as Hamilton personal trainer Ernie Schramayr, to testify to her resolve to battle through to compete for Canada.

Understanding and Coping with a Spinal Cord Injury

11th & 12th - Canadian Institute of Life Care Planners, Certification Program, Toronto Pat Brown will be presenting on the topic of Future Care Costs at this conference. 19th - The Advocates’ Society, Annual Tricks of the Trade Conference, Practical Strategies for Winning Auto Cases, The Sheraton Centre, Toronto Dale Orlando will be in attendance as Co-Chair of this event. John McLeish will be presenting his paper on How to Prove and Disprove Future Costs of Care.

As she waged her four-year legal battle, Cindy said she was sustained by belief in herself and the confidence that a jury would understand an Olympic athlete would persevere where someone else might not. Her confidence was justified: the jury backed Cindy Ishoy's position, attributing 100 per cent blame to the driver who hit her and awarding her more than triple what the defence lawyer offered before trial.

30th to February 2 - OTLA Ski & CLE, Vail Mountain Marriott Resort, Vail, Colorado John McLeish will be presenting on the topic of Do’s and Don’ts of Persuading the Jury.

FEBRUARY, 2007 20th & 21st - Toronto Canadian Institute Conference, Litigating Personal Injury Damages, The Westin Prince Hotel, Toronto Pat Brown will be in attendance as Co-Chair of this event and speaking on the topic of Dealing with Injuries Involving Infants.

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:

4

www.mcleishorlando.com

Paraplegia is a result of a spinal cord lesion at the level of the thoracic vertebrae or lower down the lumber and cocygeal regions. Loss of motor function or sensation affects the legs and the lower trunk.

in the legs, the arms and the trunk, including the thorax (chest). The severity of the loss can vary.

At present, damage to the spinal cord is permanent. We can hope that scientific progress will one day make Quadriplegia or tetraplegia is the real healing of spinal cord injuries result of a spinal core lesion at the possible. Until that day, however, the How does a person who has suffered level of the neck (cervical vertebrae). important thing is to learn to live with a spinal cord injury get started on returning to an active, independent A loss of motor function and one's disability. and rewarding life? It is important for sensation, or of both together, occurs Many individuals find no reason to a person to plan a personal strategy live after suffering a spinal cord and set short and medium term goals. injury. It is natural to feel It is very difficult to do this on one’s TABLE OF CONTENTS depression, anxiety and rage. These own. The support of family and feelings change. However, such friends is of course, important. 1 • Understanding and Coping with individuals must go through a period However, one of the best ways to get a Spinal Cord Injury of profound upheaval. They have to started, when the person is ready, is to 2 • Access to Justice and the accept living day to day until the contact the Peer Support Program of Innocent Accident Victim powerful emotions that weigh them the Canadian Paraplegic Association. • McLeish Orlando Raises Money down after the injury have been This group of dedicated, skillful and for Spinal Cord Research exhausted. But the experiences of caring individuals can answer an 3 • Justice for Cynthia Ishoy thousands of persons who have injured person’s questions, give the Following a Four-Year Legal suffered a spinal cord injury show person real hope, and get the person Battle that a person who has suffered a started on the road to meeting the 4 • Upcoming Events spinal cord injury can regain his or challenges of his or her new • Justice for Cynthia Ishoy her equilibrium. Following a Four-Year Legal circumstances. Battle

The Fine Print - November 2006  

The Fine Print newsletter, November 2006.

Read more
Read more
Similar to
Popular now
Just for you