Law Times

PAGE 14 E.V. Litigation & Financial Services Inc. Elaine G.Vegotsky, CMA, CFE, CFI Assisting you in Litigation & Forensic Accounting, Financial Investigations Suit e 900 4 5 Sheppar d Avenu e East, Willowdale, Ontario M2N 5W9 Telephon e o r Fax (416 ) 930-1370 (905) 731-5812 evlitigation@rogers.com BriEF: PErSONal iNjUry laW September 14, 2009 • Law timeS Massive damage award he largest vehicle-inju- ry award in Canadian legal history may end up being as notable for who it Vlit_LT_Mar17_08.indd 1 GILBERTSON DAVIS EMERSON LLP BARRISTERS AND SOLICITORS 3/13/08 11:55:47 AM practice restricted to CIVIL LITIGATION, INSURANCE LAW Angela Emerson John L. Davis John L. Davis Professional Corporation Richard Hayles R. Lee Akazaki Jody W. Iczkovitz Larry C. Henry Mary-Catherine Lill Counsel: James E. Adamson 20 Queen Street West, Suite 2020 Toronto, Ontario M5H 3R3 Tel: (416) 979-2020 Fax: (416) 979-1285 email: office@gilbertsondavis.com recognizes family care contributions T BY KELLY HARRIS Law Times recognizes as it is for its size, personal injury lawyers say. Last month, Superior Court Justice Peter Howden awarded damages of $18.4 million stem- ming from an automobile crash that left Katherine-Paige Mac- Neil with catastrophic injuries. Th e bulk of the settlement — $15 million — is for long- term care of the brain-injured woman. Signifi cant settlements also went to her brother and parents who provided around- the-clock support in the seven years following the crash. "Th e decision shows that our courts are now willing to give greater recognition to parents who shoulder the burden of caregiving," says John McLeish, a partner with McLeish Orlan- do LLP and the lawyer who rep- resented the MacNeil family. McLeish, who co-authored the Oatley-McLeish Guide to Personal Injury Practice in Motor Vehicle Cases, published by Can- ada Law Book, says recognition of the role parents play is impor- tant. So, too, is raising the level of understanding of the cost for long-term care for catastrophi- cally injured individuals. "It's great to have these cases out there to create some awareness of the insurance in- dustry that this is the level that the more serious cases are at," McLeish says. MacNeil was 15 at the time of the crash in August 2002. She was in the back seat of a vehicle driven by Trevor Bryan. According to the court decision, the vehicle was travelling north on the 4th Concession when it When your client has been hurt in an accident, turn here first Accident Benefits in Ontario This resource provides both plaintiff and defence lawyers with in-depth guidance on the statutory Accident Benefits Schedule and is essential to achieving the best results for their clients. Looseleaf & binders (2), Internet access & electronic newsletter $419 • Releases invoiced separately (4/yr) • P/C 0456032000 Vol. 1 ISBN 0-88804-432-1 Vol. 2 ISBN 978-0-88804-473-0 Addressing the Jury: Achieving Fair Verdicts in Personal Injury Cases, Second Edition This second edition is completely updated, including case law and new chapters. Gain invaluable insight into the way jurors think and make decisions, with practical tips and special techniques to sway a jury in your favour. Perfectbound • 358 pp. • 2006 • $94 P/C 0119010002 • ISBN 0-88804-433-X Damages: Estimating Pecuniary Loss Offers you a unique approach to blending economic data with case law from civil litigation cases. Support for each economic principle or assumption is found in cases throughout Canada so counsel will know which economic assumptions judges will and will not accept. Looseleaf & binders (2) • $285 • Releases invoiced separately (1/yr) P/C 0375030000 • ISBN 0-88804-325-2 approached a T-intersection at the end of the road and "went through a stop sign, vaulted over part of Highway 89 and the north shoulder, smashed into the north ditch, and was found in a fi eld north of Highway 89." As a result of the crash, MacNeil requires care 24 hours a day. Some of it — six hours a day — is at the level of a reha- bilitation support worker. Th is type of support worker has training in working with those with brain injuries and will also provide assistance with quality of life by taking the person into the community. Support work- ers are paid in the $55-per-hour range, says McLeish. Aside from Bryan and his grandmother, who owned the ve- hicle, the Ministry of Transporta- tion was also part of the suit. Th is was due to a lack of signage at the top of the T-intersection to indi- cate the road was ending. According to the judgment, the ministry reached settlement through a Mary Carter agree- ment at the start of the trial. Under this type of agreement, a plaintiff settles with some of the defendants in a case for specifi ed damages prior to trial. If the damages awarded exceed the settled amount, the defen- dant pays only the agreed-upon amount or a specifi ed percent- age of the recovery. Th e damage award consid- The Oatley-McLeish Guide to Personal Injury Practice in Motor Vehicle Cases This resource provides all the essential step-by-step guidance you need to effectively manage the complexities of Ontario's no-fault insurance system. Looseleaf & binders (2) • $329 Releases invoiced separately (1-2/yr) P/C 0486030000 • ISBN 0-88804-380-5 Product Liability: Canadian Law and Practice Divided into two parts, Law and Practice, this unique looseleaf service serves as a legal reference and practical guide, offering insight into the tactics and strategies used to effectively bring and defend a product liability case. Looseleaf & binder • $169 • Releases invoiced separately (1/yr) P/C 0487030000 • ISBN 0-88804-347-3 ered several areas of personal injury claims. Included in the award was loss of guidance, care, and companionship. Th e sec- ond aspect was the future-care award. Howden also allowed for damages for the loss of a future interdependent relationship. In fact, says McLeish, this was also the most ever awarded in this area — $190,300. Th e loss of fu- ture interdependent relationship is the amount of money a person would have saved or received by having a spouse or common-law partner under the premise that it is cheaper to live as a couple than as a single person. In making the award, How- den took into account several factors that show he used a "methodical or analytical" ap- proach, says McLeish. "Th ere are two things about that number," he says. "No. 1, it is also the highest amount for that category of damages, and secondly, it's the fi rst time that a judge has taken a methodi- cal approach to calculating the number rather than simply acknowledging that yes, the claim does exist and picking a somewhat arbitrary amount. "It's wonderful to see the court taking a methodical or analytical . . . approach to the calculation toward that type of damage." Richard Halpern, chairman For a 30-day, no-risk evaluation call: 1.800.565.6967 CA053 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com CA053 (LT 1-3x4).indd 1 9/9/09 3:53:41 PM LT0914 of the Ontario Bar Association's automobile insurance working group and partner at personal injury law fi rm Th omson Rog- ers, says the fact the award went Continued on page 15 Roger G. Oatley, John McLeish and contributing authors James M. Flaherty and Catherine H . Zingg Lawrence G. Theall, J. S Jeffrey A. Brown cott Maidment, Teresa M. Dufort and Roger G. Oatley Cara L. Brown

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