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Attend this information-packed course to learn the latest on how to successfully litigate or mediate these challenging claims. An expert and multidisciplinary faculty will address disputes over fibromyalgia, chronic pain, post-traumatic migraine, TMJ, and mild TBI, with emphasis on questions of proof and credibility in the light of current law.

> Essential Medical Information For Counsel

  • The range of invisible injuries
  • Diagnostics available in a given case – what do the various medical specialties contribute? who is qualified to opine on what?
  • Rising technologies (e.g. spec scan)

> Current State of the Law on Invisible Injury Claims

  • Overview of seminal cases
  • What the courts expect as foundational evidence required to support the claim
  • Invisible injury in the context of MIG and CAT including the new CAT definition–getting out of the MIG and into CAT
  • Scope of damages in these cases
  • Long-term disability claims and the invisible injury
  • Building the Plaintiff’s Case From First To Last: Making the Invisible Visible
  • Getting what you need to substantiate the theory of your case and to present it effectively.
  • Credibility of the plaintiff and of experts
  • Opening and closing statements
  • Use of demonstrative evidence
  • Proving damages

> Defences and Constructing the Defence Case

  • Including: pre-existing conditions, secondary gain

> Ethical and Professional Issues In Advancing or Defending Against Claims of Invisible Injuries


Program Chairs

  • David Lackman, Gluckstein Personal Injury Lawyers
  • Dena Oberman, Brown & Burnes
  • Antonella F. Albano, Senior Legal Counsel, Legal Claims Dept., Intact Insurance Company
  • Dr. David Berbrayer, Physiatrist & Consultant, Traumatic Brain Injury Clinic, Sunnybrook Health Sciences Centre, & Physical Medicine and Rehabilitation, Department of Medicine, University of Toronto
  • Ronald P. Bohm, SBMB Law
  • John Burnes, Brown & Burnes
  • Mark Elkin Q.C., Thompson, Tooze, McLean & Elkin
  • Susan E. Gunter, Dutton Brock LLP
  • Meghan M. Hull Jacquin, Howie, Sacks & Henry LLP
  • Alfred M. Kwinter, Singer Kwinter
  • Gregory Neinstein, Neinstein LLP
  • Wendy H. Sokoloff, Sokoloff Lawyers
  • Paul Tushinski, Dutton Brock LLP
  • Dr. Karen Wiseman, Psy. D., C. Psych, ABPP, Clinical Neuropsychologist and Clinical Psychologist


Group Discounts and Financial Assistance

Please note that the group discount is only available when paying for members of the same organization, at the same time, and payment is made with one invoice.  For financial assistance, please email financialaid-opd@osgoode.yorku.ca

Webcast Fee per Delegate

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


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


All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase.


Have a question? Read our FAQs.

Technical Support

In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.

Program Details

Delivery Method

Web - On Demand

Date Recorded
April 19, 2017
Running Time


Fee per Delegate

$595 plus HST

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Eligible CPD Credit Hours


Who Should Attend

  • Personal injury counsel (plaintiff’s and defendant’s/insurers)
  • Insurance professionals including senior adjusters

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