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Articles

Howie, Sacks & Henry articles provide insight and information to Canadian Personal Injury Lawyers which in turn benefit their injured clients.

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Where Do We Stand on Catastrophic Impairment

May 2012, By Adam Wagman & Melissa Miller

The definition and interpretation of Catastrophic Impairment under the Statutory Accident Benefits Schedule has undergone some fairly drastic changes in the last year, and we may have seen the end of such changes.  This paper discusses where we currently stand on Catastrophic Impairment.

The Ethical Opening & Closing Statement

March 2012, By Adam Wagman & Adrian Lomaga

Honesty, candour, fairness and respect are the essential qualities required of all lawyers when advocating for their clients. This applies both in and out of court, at meetings, or through correspondence. This paper discusses the importance of presenting an ethical opening and closing statement.

Surveilling Yourself: Photos Posted to Facebook

February 2012, Adam Wagman, Joel Dick, Corey Sax and Melissa Miller

The current law in both the Superior Court and at FSCO is unsettled. The trend is towards treating materials on Facebook like any other document. This paper explores Facebook and its relevance in a legal case.

Accessing Funding for Medical Rehabilitation

February 2012, By James R. Howie & Melissa Miller

One of the challenges for our clients is, and always has been, the cost of treatment. This challenge has only become greater with the September 2010 changes to the Statutory Accident Benefits Schedule. This paper explores the challenges associated with accessing funding for Medical Rehabilitation.

Occupiers' Liability

February 2012, By Renee Vinett & Melissa Miller

Occupiers' liability cases comprise a significant portion of personal injury claims. While it may seem that these types of claims are more streamlined in execution and client may think that the mantra, "I fall therefore I sue" is applicable, these claims are not without difficulties. This paper explores all aspects involved in an occupier liability case.

Rule 53.03 a Sliding and Uncertain Scale

January 2011, By Adam Wagman and D. Joel Dick

The amendments to the Rules of Civil Procedure are designed to make it clear that an expert witnesses' primary duty is to the court and not to the party that has retained her or him. This paper explores Rule 53.03 in detail.

The Ethical Personal Injury Lawyer: Common Dilemmas & How to Avoid Them

September 2011, By Adam Wagman & Adrian Lomaga

The ethical lawyer must always be mindful of situations where the interests of our clients diverge from our duty to the Court, to our law firms, and to the profession in general. A client deserves and expects their lawyer to fight for their rights. This paper will attempt to identify and address some common ethical dilemmas that a plaintiff personal injury lawyer may face from time to time.

How an Injury may be Deemed to be Catastrophic

September 2011, By James R. Howie & Melissa Miller

The definition of Catastrophic Impairment under the Statutory Accident Benefits Schedule is under the microscope and may be drastically changing. This paper discusses the current definition and impact of possible changes. 

Risk Management in Canadian Health Care

December 2010, By Howard Blitstein
Medical Malpractice - the basics that every healthcare practioner should understand.

10 Things (More or Less) You Need to Know about the Law (or Changes Thereto)

October 2010, By Brad S. Moscato and Daniel Strigberger (Samis & Company)

Earlier this year the Ontario government released the New Regulations for Auto Insurance. The Regulations will come into effect on September 1, 2010. This article discusses the impact on both the tort and accident benefits system.


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