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Rob in the News

PDFNew research will improve prediction of outcomes for spinal cord injury
Apr 29, 2021
Rob’s blog post was noted in Canadian Lawyer magazine where he wrote about new research that is attempting to improve ability of medical assessors to predict the potential outcome after someone suffers an injury to their spinal cord. This is important research as all legal cases are about attempting to determine an injured person’s future needs. The accuracy of that assessment is crucial to ensure that injured parties receive fair compensation for those injuries and adequately provide for their future needs.

WebPersonal injury lawyer calls attention to new rapid diagnostic tool for traumatic brain injury
Jan 28, 2021
Rob was referenced in Canadian Lawyer bringing attention to a new blood test which can detect traumatic brain injury in under 15 minutes. He believes this may be welcome news in light of the thousands of traumatic brain injury related hospitalizations which occur annually in Ontario.

WebWhy your home insurance policy may not protect you if someone gets COVID-19 at your house
Nov 27, 2020
As the holiday season approaches, people are being urged to celebrate physically only with people who are a part of their household. Rob was interviewed by CBC about the possibility that homeowners could be sued for damages if someone gets seriously ill from contracting COVID-19 at their house.

WebLawyers say benefits of statutory deductible waning
Nov 26, 2018
Rob was interviewed by Law Times about the statutory deductible and a recent survey that Deutschmann Law had commissioned to ascertain the public’s general knowledge about deductibles. The survey also looked at the views of respondents to certain fact scenarios. The survey was the second annual survey completed by Deutschmann Law touching on auto insurance issues.

WebLimes on the loose
Nov 5, 2018
Rob was interviewed by the Waterloo Region Record about the recent introduction of scooters in a test area in the City of Waterloo. Rob discussed some of the concerns regarding potential liability in the event of an accident involving a scooter.

WebOntario’s auto insurance brokers ‘leaving themselves open to exposure’
Sep 4, 2018
Rob was interviewed by Insurance Business Canada about the 2018 Deutschmann Law Survey on auto insurance in Ontario. Rob noted how the onerous deductible resulted in accident victims getting hurt twice. Rob noted that while those surveyed were familiar with the concept of a deductible, it was surprising to see how little people knew about the deductible that applied to pain and suffering damages. Rob also noted that insurance brokers leave themselves open to liability exposure if they fail to properly inform their clients about the opportunities to purchase optional auto insurance coverage.

WebDecision may impact insurers on policies
Jun 2018
Rob was interviewed by the Law Times about a recent long term disability decision where the insurer was required to provide coverage to an individual who’s disability arose from his time at work but was not identified as an issue until sometime after the disabled person had left employment. The court felt that the employee’s conduct and performance drop off should have been indicators to the employer that there was something wrong with the employee. His job performance for some unknown reason had dropped off significantly and he was terminated. Rob felt that the outcome was impressive and the case itself was a good lesson for all plaintiff personal injury lawyers when dealing with a long term disability case – read the long term disability policy/contract carefully.

WebEnd use of ghostwriters in medical reports: lawyers
Jun 2018
Rob was recently interviewed for his comments about experts that use “ghostwriters” to assist in the preparation of medical legal reports. Rob commented that when a person is in court, seeking compensation for injuries suffered in an accident, that the court should be presented with the best evidence available, and with an expert opinion that is the sole opinion of the expert, not some unknown assistant.

WebLaw Times - Artificial intelligence to impact personal injury law
Nov 2017
Rob was recently interviewed by the Law Times to discuss the impact of artificial intelligence in a personal injury law practice. Rob noted that while there could be benefits to the clients in the expanded use of artificial intelligence, such as in the area of legal research, one cannot discount the importance of the human element, especially when telling the client’s story to a jury.

WebLaw Times - Ontario court finds disability claim was time-barred
Nov 2017
Rob was interviewed by the Law Times about a recent disability insurance decision that affected the limitation rights of an insured person and their ability to sue the insurer. Rob indicated that the provincial legislators should take a lead and expand the obligations of the insurer to provide the insured with clear information about their limitation rights when they are denied benefits. Until that time, it is important for any person that has had their disability benefits denied should consult with a personal injury lawyer immediately to ensure that they do not lose their right to sue.

WebInsurance Business Canada - Brokers need to battle on frontline for failing auto insurance system
Sep 2017
Rob was interviewed by Insurance Business Canada about the study which he commisioned in July 2017, looking into the purchasing habits of consumers with respect to optional auto insurance coverage.

WebTheRecord.com - Drivers balking at extra auto insurance coverage
Aug 2017
Rob commissioned a study in July 2017 looking into the purchasing habits of consumers with respect to optional auto insurance coverage. Rob was interviewed by The Record about the study. Of note, the study showed that there is a very low percentage of drivers that have purchased optional coverage. The study also identified that where the insurance broker did inform the driver about the available coverage then the driver was more likely to purchase optional coverage.

WebCambridgeTimes.ca - Left turns can be more dangerous than you think
Apr 2017
Rob penned a recent editorial outlining the dangers of left hand turns. In his practice as a personal injury lawyer, Rob often hears about the devastating effects where clients are injured by inattentive or negligent drivers who make left hand turns into the path of another vehicle. It is important for drivers to be patient, avoid distractions and take their time when driving on the road.

WebLaw Times - Court favours man injured after tripping over bike
Apr 2016
Rob was interviewed in the Law Times about a recent case where an individual, who was hurt when he tripped over two parked motorcycles, was entitled to accident benefits. Rob noted that the role of a plaintiff personal injury lawyer is to assist clients with obtaining access to all benefits, including medical benefits, that are available to them.

WebLaw Times - Families struggling with attendant-care limits
May 2015
Rob was interviewed by the Law Times about changes made to the payment of attendant care benefits where a family member is providing attendant care services. Rob noted the harshness of the changes and how it impacts families where family members have stepped forward to provide attendant care on behalf of a family member. The changes would add financial pressures on family members and impact the intangible benefits that a victim receives from the care provided by family members.

Important Cases

PDFMilson and Aviva Canada
Our client was assigned a GCS score below 9 by the EMS attendants at the time of the accident. The insurer retained a neurologist to review the medical records. The neurologist's medical report provided that the GCS score was not properly assessed and a higher rating should have been assigned. The neurologist suggested that the GCS scores should have been higher than 9 and the insurer did not accept our client as catastrophically impaired. We were successful at arbitration in cross examining the neurologist to show that GCS score was properly assessed by EMS. The arbitrator accepted our position and rejected the neurologist’s opinion that the SABs were not properly applied and our client was found to be catastrophically impaired.

PDFDawson v F.A.G. Bearings Ltd.
Our client was a long term employee at a factory. The factory was going through some downsizing and arranged to have our client transferred to a manufacturing line and a position that was new to our client. The employer alleged that our client's performance was not adequate and gave her several reprimands leading to her dismissal. We were successful in showing that the employer had wrongfully dismissed our client.

PDFVandergaag and Aviva Insurance
The insurer denied that the insured was catastrophically impaired. The insured had pre accident learning challenges that were documented. Despite that, we were successful in showing that the insured was suffering from a marked impairment due to a mental or behavioural disorder. We were also able to demonstrate that the insured was suffering from a severe disability on the Glasgow Outcome Scale as a result of her brain impairment.

PDFDoran and RBC General Insurance
The insurer took the position that the insured had been informed that his auto insurance policy had been cancelled prior to the accident. We were able to show that the insurer failed to properly provide the insured with adequate notice of the termination and further that the notice of termination itself was defective and therefore of no force or effect.