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Originally held on September 30, 2014, the archived conference is now available for purchase On Demand as a video stream with downloadable link to material.

Personal injury litigation continues to be a dynamic, high-stakes area of law. Ongoing caselaw and practice changes make it more important than ever that you stay up-to-date.

In one information-packed day, get a comprehensive review of the most critical recent developments in personal injury law and practice, including:

  • The most significant judicial decisions over the past year
  • The emerging shape of the new Accident Benefits dispute resolution regime and its practical implications
  • Significant new law in the area of insurance coverage, including the Ontario Court of Appeal’s decisions in Bawden and Kozel
  • New directions in the law concerning uninsured, under-insured and unidentified motorists
  • A distinguished academic’s perspective on recent decisions in causation – and how strategies for arguing it are changing
  • How to draft an enforceable Rule 49 offer and the current state of cost awards in Ontario
  • Where the law and practice concerning expert evidence stands after Moore v. Getahun
  • The latest on avoiding solicitor’s liability for negligence

Faculty

Chairs

  • Richard M. Bogoroch, Bogoroch & Associates
  • Susan E. Gunter, Dutton Brock LLP
  • The Hon. Justice Anne Mullins,, Superior Court of Justice (Ontario)
  • Barry Cox, Stieber Berlach LLP
  • Christopher R. Dunn, Dutton Brock LLP
  • The Hon. Justice Mark L. Edwards, Superior Court of Justice (Ontario)
  • M. Christine Fotopoulos, Borden Ladner Gervais LLP
  • Jennifer J. Griffiths, Zarek Taylor Grossman Hanrahan LLP
  • Paul Harte, Paul Harte PC
  • Erik S. Knutsen, Associate Professor, Faculty of Law, Queen’s University
  • David Lackman, Gluckstein Personal Injury Lawyers PC
  • Matthew P. Sammon, Lenczner Slaght Royce Smith Griffin LLP
  • Robert G. Schipper, Barrister & Solicitor
  • Jay A. Skukowski, Blaney McMurtry LLP
  • Robin Squires, Borden Ladner Gervais LLP
  • Stacey L. Stevens, Thomson, Rogers
  • The Hon. Justice Darla A. Wilson, Superior Court of Justice (Ontario)

Agenda

  • 10th Annual Update: Personal Injury Law and Practice

    September 30, 2014

    Expand All Collapse All
    • 8:30 am
      Chairs’ Welcome and Introduction
    • 8:35 am
      Significant Recent Personal Injury Decisions

      David Lackman, Gluckstein Personal Injury Lawyers PC

      Personal injury law continues to develop at a rapid pace. This session will highlight and analyze some of the most important cases of the past year, and assess their likely impact. Caselaw will reflect developments as of fall 2014, and is expected to include the latest on both liability and damages.

    • 9:15 am
      Accident Benefits: New Cases and Government Reforms

      Jennifer J. Griffiths, Zarek Taylor Grossman Hanrahan LLP

      Between recent SABS amendments, the Cunningham Report and Bill 171, along with developing caselaw, the accident benefits area has been undergoing highly visible and significant change. A provincial election call introduces a further element of uncertainty. What can be said safely at this writing is that the session will:

      • survey the top AB cases of the past year
      • examine the stakeholder responses (plaintiff’s bar, insurance industry, defence bar) to the Cunningham Report and the lessons to be drawn therefrom
      • consider what in the Report may stay and what may end up on the cutting-room floor if a change of government occurs
      • offer some educated crystal-ball-gazing in areas such as the Minor Injury Guideline and “incurred expense”

    • 9:45 am
      Insurance Coverage Issues for Personal Injury Lawyers – Recent Cases and Strategies

      Christopher R. Dunn, Dutton Brock LLP

      • Duty to defend, exclusions, reservation of rights and non-waive
      • Homeowners, CGL and auto coverages
      • Use or operation of a motor vehicle
      • Discovery strategies
      • Current judicial trends in insurance coverage
      • Homeowners and Bawden (Ont. C.A.) – claims by members of the household
      • Relief from forfeiture: Kozel (Ont. C.A.)
    • 10:15 am
      Refreshment Break
    • 10:30 am
      Uninsured, Underinsured, Unidentified Coverages and Recent Case Law

      Jay A. Skukowski, Blaney McMurtry LLP

      • Coverages – which insurer provides coverage? Section 265 of the Insurance Act
      • Unidentified motorists and corroborating evidence: Featherstone (Ont. C.A.)
      • Uninsured – onus of proof, coverage denials
      • Underinsured OPCF 44R Family Protection Endorsement – limitation periods: Rocque and Schmitz (Ont. C.A.) and procedures
    • 11:00 am
      Demonstration and Panel Discussion: Summary Judgment Motion Post-Hryniak (SCC)

      The Hon. Justice Anne Mullins, Superior Court of Justice (Ontario)
      Barry Cox, Stieber Berlach LLP
      Stacey L. Stevens, Thomson Rogers

      A demonstration aimed at illustrating some of the most effective approaches for advocates on either side of a summary judgment motion in the light of the most recent law, followed by an informal “debriefing” discussion/question-and-answer session.

    • 12:30 pm
      Luncheon
    • 1:15 pm
      The Continuing Evolution of Causation in Personal Injury Claims

      Erik S. Knutsen, Associate Professor, Queen’s University Faculty of Law

      • Where has causation gone since the SCC’s decisions in Clements and Ediger?
      • Common causation pitfalls at trial and on appeal
      • Causation evidence – plaintiff and defendant perspectives
      • Delay in treatment and multi-defendant causation
    • 2:00 pm
      Costs in Personal Injury Cases

      Robert G. Schipper, Barrister & Solicitor

      • What is an enforceable Rule 49 offer?
      • Failing to mediate – Ross v. Bacchus, Williston v. Hamilton Police Service and Keam v. Caddey
      • Excessive disbursements – how the courts currently address them Crisante v. DePuy Orthopaedics; Dugal v. Manulife Financial; Rosen v. BMO Nesbitt Burns Inc.
      • Costs against solicitors personally – an update
    • 2:30 pm
      Refreshment Break
    • 2:45 pm
      Expert Evidence and Moore v. Getahun (2014) - the Application of Rule 53 and Communications Between Experts and Counsel

      The Hon. Justice Mark L. Edwards, Superior Court of Justice (Ontario)
      Paul Harte, Paul Harte PC
      Matthew P. Sammon, Lenczner Slaght Royce Smith Griffin LLP
      The Hon. Justice Darla A. Wilson, Superior Court of Justice (Ontario)

      • Retaining the expert – consultation and timing
      • Communicating with the expert – draft report, telephone calls, meeting
      • Restrictions on number of experts – recent case law
      • Has Rule 53 been stretched too far? Or not far enough?
    • 3:45 pm
      Avoiding Negligence Claims: Strategies for Personal Injury Counsel (Plaintiffs’ and Defendants’)

      Christine Fotopoulos and Robin Squires, Borden Ladner Gervais LLP

      • Retainers – how to avoid the phantom client
      • Improvident settlement of claims (tort, accident benefits)
      • Limitation periods - developments
      • Mishandling of litigation/arbitration – liability for appearances
    • 4:30 pm
      Program Ends

Group Discounts

2-3 delegates: 25% off archived program fee
4-10 delegates: 30% off archived program fee
11+ delegates: 35% off archived program fee
Boardroom rates available.

Delivery

The video stream, including link to program materials will be sent to you via email as soon as payment is successfully processed.

Refunds

All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase. In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.

Program Details

Delivery Method

Web - On Demand

Fee per Delegate

$695 plus HST

Buy Now

Eligible CPD Credit Hours

Questions?

Who Should Attend

  • Plaintiff and defence lawyers
  • In-house counsel
  • Insurance industry representatives, including underwriters, examiners, adjusters and analysts
  • Medical consultants to disability insurers and litigators
  • Insurance consultants
  • Mediators and arbitrators
  • Structured settlement specialists

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“Excellent program…practical tips on substantive, procedural and ethical issues.”

Shaneka Taylor,
Boghosian + Allen LLP

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