Law Times

Law timeS • September 14, 2009 BriEF: PErSONal iNjUry laW It is a 24-hour-a-day, gruelling job. If you were to experience it personally, it brings tears to your eyes when you see what these people have to do for their disabled daughter in this case. It is very difficult. So I think the courts just have recognized the actual damages. Continued from page 14 largely unchallenged means it is unlikely there will be a sea change stemming from it. How- ever, it does provide insight and understanding into the level of care needed for catastrophically injured individuals. "I don't think you can take it from this case that we are going to see a vast number of cases as- sessing at this high level. That is not going to happen," he says. "Cases generally assess quite dramatically lower than those numbers, but there are cases where those numbers are justi- fied. They are few and far be- tween, but these are cases where there [are] serious care issues, very expensive 24-hour-a-day care issues that require skilled care providers . . . that can run $45 to $50 an hour." Still, he notes one of the last- ing benefits coming out of the trial is the acknowledgement of family members who care for injured parties. This is true in not only the acknowledgement but also the amount awarded to them, Halpern says. "Historically, courts may have been a little cheap in rec- ognizing the enormous burden and contribution that family members have to make when loved ones suffer catastrophic brain injuries like in that case," he says. "It is a 24-hour-a-day, gruelling job. If you were to ex- perience it personally, it brings tears to your eyes when you see what these people have to do for their disabled daughter in this case. It is very difficult. So Marketplace EMPLOYMENT WANTED SERVICES - Available law clerk. Proficient in estates, real estate, litigation, ADR, corporate/ commercial and labour and employment. Part/full time. Messages (416) 621-2485. To advertise call 905-841-6481 Often imitated, never duplicated. The McKellar Structured Settlement™ For almost 30 years, McKellar has set the standard for excellence in structured settlements. With over 250 years of combined claims, legal, accounting and structure expertise at your disposal... Why settle for less? I think the courts just have rec- ognized the actual damages." Because the award dealt with catastrophic injuries, it will have no impact on the on- going review of auto insurance in Ontario, says Halpern. The judgment comes as law- yers await the government's response to March's report on Structured Settlements BC LT 4/6/05 2:54 PM Page 1 auto insurance from the Fi- nancial Services Commission of Ontario. It made 39 recom- mendations on ways to im- prove the system. Halpern says he expected the government to report on the recommenda- tions this summer. However, he now says the response could come at any time. LT PAGE 15 Malach + Fidler LLP Mediation & Arbitration Services A Fair Settlement Is No Accident Jon Fidler, C.Med. David Dempster 439 University Avenue Suit e 1401 Toronto, Ontario M5 G 1Y8 (416) 598-1667 (416) 598-5222 (fax) Stephen Malach,Q.C. Ivan Luxenberg 30 Wertheim Court Uni t 6 Richmond Hill, Ontario L4 B 1B9 (905) 889-1667 (905) 889-1139 (fax) e-mail: mediation@malach-fidler.com www.malach-fidler.com www.mckellar.com GUELPH 1-800-265-8381 Untitled-7 1 McKELLAR STRUCTURED SETTLEMENTS INC. HALIFAX EDMONTON 780-420-0897 www.lawtimesnews.com 1-800-565-0695 USA 1-800-265-2789 9/8/09 12:11:03 PM

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