Collateral Benefits – What is Deductible, What Isn’t?
This article describes when and how a defendant in a lawsuit receives credit for benefits (e.g. long-term disability insurance) that are available to a person injured in a motor vehicle accident.
Preparing for Mediation
Is this a case I want to take to trial? The efforts and rewards of mediation.
Catastrophic Determination: Combining Physical and Psychological
This article reviews the Courts’ interpretation of the “catastrophic impairment” threshold for people with a combination of impairments. This is a very significant issue for people seriously injured in motor vehicle accidents. People who met the definition of catastrophic impairment are entitled to enhanced benefits from their insurance companies. Troy Lehman successfully argued the Arts v. State Farm case which is an important case in this area of the law.
Developing Damages
Insight into how to determine, plan, work for, and win appropriate damages for your client.
Parties under a Disability: Court Approval and Guardianship
Where a settlement is reached on behalf of a child or on behalf of a person who is mentally incapable of making financial decisions the settlement must be approved by the Court. The Court reviews not just the amount of the settlement but the investment and proposed management of the settlement funds. This article discusses various issues relating to the approval of settlements.
Jury Openings in MedMal Cases
An essay on crafting opening statements to a jury during a Medical Malpractice trial. Excerpts from the Cubello case included.
Demonstrative Evidence
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 Evidence: Key Cases, New Rules and New Realities
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.
Preparing an Expert Witness for Trial
An article written for young lawyers regarding preparing an expert witness for trial, first published in the OTLA Litigator magazine – June
2011 issue
The Civil Jury System in Ontario
A jury trial begins with the assembly of a jury panel. Dozens of members of the community are randomly chosen to gather in a courtroom.