An essay on crafting opening statements to a jury during a Medical Malpractice trial. Excerpts from the Cubello case included.
This article reviews the law relating to the use of demonstrative evidence at trial. Demonstrative evidence includes illustrations, charts, anatomical models and even computer simulated animations.
Expert witnesses are needed in order to properly present a personal injury case to the Court. This paper discusses the rules relating to the use of expert evidence in the Courtroom.
Social networking has become a worldwide phenomenon. Rare is the client in 2012 who is not participating in Internet based social networking sites such as Facebook, Twitter and LinkedIn. In a personal injury context the widespread use of Facebook can present a problem for both plaintiffs and plaintiff’s counsel.
This article (co-authored with Roger Oatley) examines the recent trend of Ontario courts awarding future health care costs using a method of calculation that is more favourable to injured plaintiffs.
Without causation, there can be no compensation.
An article written for young lawyers regarding preparing an expert witness for trial, first published in the OTLA Litigator magazine – June
2011 issue
Many personal injury actions include a significant claim for income loss, future loss of earning capacity or loss of competitive advantage.
“A jury trial is a fight and not an afternoon tea.” That observation from a 1915 decision remains as true today as when it was first written. However, jury trials have rules – and the boundaries of what a trial lawyer can say in front of the jury are restricted to ensure fairness and to avoid miscarriages of justice.