Welcome and Introduction from the Chairs

Richard M. Bogoroch, Bogoroch & Associates
Cheryl M. Woodin, Borden Ladner Gervais LLP

Practice & Procedure Update: An Overview of the New Ontario Rules of Civil Procedure and their Effect on Personal Injury Litigation

Nadine Nasr, Thomas Gold Pettingill LLP

• Overview and assessment of the new Rules
• Adapting and managing files efficiently and effectively
• Preparation techniques
• Tips with respect to:
  • litigation plans
  • documentary and oral discovery
  • summary judgment motions
  • retainer of experts and service of reports
  • mandatory mediation

Changes to the Insurance Act of Ontario and the Impact on Personal Injury Litigation

Walter Z. Aronovitch, Aronovitch Macaulay Rollo LLP

• The new SABS schedule
  • newly defined terms
  • reforms to claims practices
  • minor injury provisions and guidelines
  • changes to basic and optional benefits schedule
• Effect of recent legislative changes on tort claims
• Customized auto policies

Current and Emerging Issues in Medical Malpractice Litigation

Kevin L. Ross, Lerners LLP

• Wrongful life case update
• Expert witnesses and the new Rules
  • practical issues
  • the role judges are taking in determining a witness’ qualifications
  • when is an expert’s opinion necessary for the court to receive
• Psychological injuries and how the courts are handling them
• Recent cases based on allegations of battery and their implications

Preparation and Cross-Examination of the Expert Witness

Alfred M. Kwinter, Singer, Kwinter

• Finding the right expert
• Preparing your expert for chief and cross
• Neutralizing the opposition’s expert
• Is the expert really an expert?
• Ensuring your expert doesn’t cross the line into advocacy

The Latest Key Cases on Catastrophic Impairment

Cheryl M. Woodin, Borden Ladner Gervais LLP

• Current principles in the assessment of catastrophic impairment
• Dealing with combinations of impairments
• Problems posed by pre-existing injuries

The Very Latest on Causation: Where are We Now?

Roderick S.W. Winsor, Blaney McMurtry LLP

The Supreme Court of Canada’s decision in Resurfice v. Hanke has been seen as controversial, difficult to understand and even more difficult to apply in practice. In this fascinating session, Roderick Winsor will shed light on where we currently stand on the key issue of causation.

• The Resurfice decision: clarity or just more confusion?
• Recent causation cases of note: how are the courts interpreting Resurfice?
• What is the primary touchstone for determining causation?
• When will the material contribution test be applied?
• Overcoming causation problems when there are multiple tortuous causes
• Causation conclusions: where are we now?

The Top 10 Accident Benefit Cases and their Implications

Tamara Tomomitsu, Borden Ladner Gervais LLP

This session will highlight recent accident benefit cases of note, and assess their likely impact for personal injury law practitioners.

Refreshment Break

Quantifying Past and Future Care Costs: Frazer v. Haukioja

Robert H. Rogers, Evans Philp LLP

• Future care costs: the nuts and bolts
• The implications on future care costs since Frazer v. Haukioja
• Assessing a claim for past attendant care
• Quantifying the cost of care

• Reading through the group and individual long-term
  disability policies
• Eligibility/coverage and misrepresentation issues
• Definitions of “total disability” – the importance of “functionality” over diagnosis
• Recent case law on “total disability”
• Exclusions
• Offsets
• Mitigation
  • what must the defendant establish when asserting the defence of mitigation?
  • what must the plaintiff do to meet the duty to mitigate?
• Mishandling an insurance claim for long-term disability benefits: recent case law on punitive and aggravated damages

Legal Minefields: What You Need to Know to Avoid a Malpractice Claim in Personal Injury and Accident Benefit Litigation:

Stanley C. Tessis, Laxton Glass LLP

• Claims brought by phantom clients
• Claims arising from missed limitation periods: tort, accident benefits, uninsured/underinsured
• Mishandling of litigation/arbitration
  • failure to investigate and retain experts
  • failure to conduct detailed discovery and obtain answers and undertakings
  • failure to call or cross-examine witnesses
  • failure to get instructions to proceed
• Improvident settlement claims
  • failure to obtain or get detailed written instructions
  • failure to report to client