Challenges with Opinions from Treatment Providers

All treatment providers must now strictly comply with expert report rules before being able to provide opinion evidence at trial.

While obtaining compliant expert reports from treating health practitioners seems like an easy task, it is not always so, especially when dealing with publically funded providers unaccustomed to writing medical-legal reports and uncomfortable charging fees for doing so.

Until recently, there has been conflicting caselaw on whether the onerous expert report rules...


Ken Howie Retires

Ken Howie recently retired from the Practice of Law earlier this year, after a 60 year career with Thomson, Rogers.

Ken was a pioneer in the field of personal injury litigation in Ontario, a dean of the Bar and is responsible, in many ways, for the success of this firm, which he joined in its relative infancy and guided for decades.

Everyone at the firm wishes Ken all the best in his retirement.

We hope his handicap goes down 4 strokes.

Arbitrator rules against retroactive benefits cuts

Accident benefit insurers may still be responsible for the cost of rebuttal reports in relation to accidents governed by automobile policies predating Sept. 1, 2010, when legislative amendments removed the payment obligation, Toronto plaintiff’s personal injury lawyer Darcy Merkur writes in Law Times.

“In the recent case of R.J. v....


Special Presentation to Dr. Peter Rumney

The Acquired Brain Injury Network and Thomson Rogers would like to share a special presentation that was honouring Dr. Peter Rumney at the Back to School Conference on September 12, 2013.

Dr. Rumney --Physiatrist at the Holland Bloorview Centre, has been a long-time advocate on behalf of children and adolescents who have suffered serious injuries.  It was with great pleasure to recognize the good Doctor for his magnificent efforts.  

Please join us in watching Dr. Rumney's...


Despite delay, catastrophic definition may still be overhauled

As the Ontario government continues to consider an overhaul of its definition of “catastrophic impairment,” (CAT), a fear exists that efforts over the last 15 years to establish consistency and predictability in applying the test will be lost, says Toronto plaintiff’s personal injury lawyer Darcy Merkur.

At this year’s annual Back to School conference on Sept. 12, Merkur provided an update on the topic by...


Ottawa bus-train crash lawsuit may be launched

A class-action lawsuit may soon be launched by victims of the deadly bus-train crash that recently took place in Ottawa, Toronto plaintiff’s personal injury lawyer Darcy Merkur says in the Toronto Sun.

In the report, Merkur, partner with Thomson, Rogers, says he’s spoken with a potential...