Ottawa Accident Lawyers - The use of future care cost and needs assessments and life planning reports in personal injury cases: by Marc-Nicholas Quinn, Personal Injury Lawyer and Mediator
Serious illness or personal injury can present a significant financial burden to an individual and/or their families. Future care expenses can often cost hundreds of thousands of dollars, and in the worst of cases, sometimes millions. In order to assess the costs of future care, personal injury lawyers turn to experts who complete thorough assessments of the associated costs an injured person is likely to incur in the future. Future care cost and needs assessments are completed based on published standards of practice for Life Care Planning. The assessments provide assessment and support of the costs of future care for an injured person's current and projected services, medical treatment, medical needs, equipment, therapies, interventions etc... The assessments are usually completed on the basis of attempting to assist an injured person to maximum independence, prevent functional deterioration and provide replacement services for those tasks the injured person is no longer able to complete.
The reports solicited summarizes a client’s future medical needs and expenses. Future care costs and needs assessments are valuable tools your personal injury lawyer can use during negotiations with opposing counsel, insurers and adjusters in or out of Court, at settlement conferences and in mediation sessions. The report, in addition to other valuable information, synthesises valuable medical and expense information from all data sources, including medical documents and quantifies recommendations to establish a comprehensive life care plan.
Costs of future care assessments involve a detailed assessment of the client’s functioning in areas such as medical needs, rehabilitation requirements, equipment needs, home support needs, renovation needs, attendant care requirements, medical devices needs, adaptation needs, vocational needs and environmental modification requirements.
Cost of Future Care Assessments consist of a comprehensive report based on a full functional assessment. They often involve full in home evaluation and consultation by health care professionals who help determine an appropriate plan of future care with all associated costs that entails. In turn, as personal injury lawyers, our job includes using the reports as one tool to obtain fair and reasonable compensation for our injured clients.
At Plant Quinn Thiele Mineault Grodzki PC, we are committed to providing expert advice on the legal issues relating to our injured client’s matters and when needed, we will retain the services of medical experts, rehabilitation and consulting services experts to assess the needs of the clients who retain us. Our team of legal professionals has extensive experience in planning and providing excellent legal services including the value of consulting other experts needed to maximize our client’s financial recovery and well being.
Future care cost and needs assessments and life planning reports are used for settlement and rehabilitation planning purposes. Our law firm is able to provide a unique and valuable service to our clients by locating and retaining experts who can complete the assessments and reports.
We refer such needed expert assessments to reputable multi disciplinary experts who consist of any combination of the following: social workers, speech-language pathologists, occupational therapists, physical therapists and other medical experts. These experts can provide valuable expert opinions and guidance based on their experience, training and research Our law firm provides reliable access to outside expert health care specialists who provide consultation, assessments, opinions and reports.
To learn more about how Plant Quinn Thiele Mineault Grodzki PC can assist you contact us by e-mail at mquinn@pqtlaw.com or call 613-563-1131. We offer free legal consultations and No Fee Until You Win arrangements where we charge nothing unless you win your case.
Thursday, August 26, 2010
Monday, August 23, 2010
SERIOUS INJURIES AND FUTURE INCOME LOSS
Future Income Loss---After a full recovery?
By Michael K. E. Thiele
Let us presume that a victim suffers an injury to her wrist in a slip and fall accident. The resulting fracture is severe and recovery from the injury takes about a year. During the year that it took to recover, the victim was unable to work as effectively in her job. Nevertheless she forced herself to go to work as she was self employed and staying home was not an option. Consequently, her income dropped by 30% The drop in income was calculated by comparing her immediate pre-injury annual income with the immediate post accident annual income. Other evidence demonstrates that she was unable to work as much nor as effectively due to the injury.
In the second year, post accident, income levels returned to normal levels as compared to pre-accident earnings and based on income earned, it appears that the victim was back to “normal”. Does this mean that the ability to recover damages for loss of future income is concluded? The argument against recovery of additional damages is that there is a full recovery from the injury, income levels have returned to normal, and any future losses are speculative in nature.
Why then does the victim still want to pursue future income loss after a full recovery? The answer lies in the fact that full recovery from a severe injury is unlikely. Even if recovery is such that for a period of time there is little or no apparent impact of the injury (i.e. the victim seems fine), the reality of most serious injuries is that there is a risk of reoccurrence of impairment from the injury at a future date. A prime and common example is the occurrence of arthritis some time after the healing of broken bones.
The risk of reoccurrence of impairment from the injury and the loss of income that it may cause is a matter that must be compensated when resolving a claim.
The legal test in determining whether there is a compensable prospective future income loss (in the circumstances described in this post) is whether there is a real and substantial risk that future pecuniary loss will occur. The argument for loss of future income loss will not be successful if the exercise is purely speculative.
Given the legal test of real and substantial risk, it is imperative that in preparing a claim that time is taken to obtain expert evidence establishing what may arise in the future as a result of the injury a well as the likelihood of that happening. To successfully claim future income loss (as discussed herein) it is critically important to consider the elements of the real and substantial risk test and to marshal evidence that squarely addresses the evidentiary burden in proving that the injury will have symptoms that will likely materialize and those symptoms will cause an impairment that causes damage (i.e. income loss). The goal in presenting this evidence is to assist the Court in assessing the severity and likelihood of the risks that may materialize from the injury in the future.
Plant Quinn Thiele Mineault Grodzki PC considers the availability of damages for this kind of loss in each case. Injury victims should not be deprived of these types of damages just because it seems like there has been a full recovery from the injury. For this reason it is important to work closely with an injury victim’s doctor(s) and to seek expert medical opinion with respect to not only what has happened, but indeed what may happen in the future.
By Michael K. E. Thiele
Let us presume that a victim suffers an injury to her wrist in a slip and fall accident. The resulting fracture is severe and recovery from the injury takes about a year. During the year that it took to recover, the victim was unable to work as effectively in her job. Nevertheless she forced herself to go to work as she was self employed and staying home was not an option. Consequently, her income dropped by 30% The drop in income was calculated by comparing her immediate pre-injury annual income with the immediate post accident annual income. Other evidence demonstrates that she was unable to work as much nor as effectively due to the injury.
In the second year, post accident, income levels returned to normal levels as compared to pre-accident earnings and based on income earned, it appears that the victim was back to “normal”. Does this mean that the ability to recover damages for loss of future income is concluded? The argument against recovery of additional damages is that there is a full recovery from the injury, income levels have returned to normal, and any future losses are speculative in nature.
Why then does the victim still want to pursue future income loss after a full recovery? The answer lies in the fact that full recovery from a severe injury is unlikely. Even if recovery is such that for a period of time there is little or no apparent impact of the injury (i.e. the victim seems fine), the reality of most serious injuries is that there is a risk of reoccurrence of impairment from the injury at a future date. A prime and common example is the occurrence of arthritis some time after the healing of broken bones.
The risk of reoccurrence of impairment from the injury and the loss of income that it may cause is a matter that must be compensated when resolving a claim.
The legal test in determining whether there is a compensable prospective future income loss (in the circumstances described in this post) is whether there is a real and substantial risk that future pecuniary loss will occur. The argument for loss of future income loss will not be successful if the exercise is purely speculative.
Given the legal test of real and substantial risk, it is imperative that in preparing a claim that time is taken to obtain expert evidence establishing what may arise in the future as a result of the injury a well as the likelihood of that happening. To successfully claim future income loss (as discussed herein) it is critically important to consider the elements of the real and substantial risk test and to marshal evidence that squarely addresses the evidentiary burden in proving that the injury will have symptoms that will likely materialize and those symptoms will cause an impairment that causes damage (i.e. income loss). The goal in presenting this evidence is to assist the Court in assessing the severity and likelihood of the risks that may materialize from the injury in the future.
Plant Quinn Thiele Mineault Grodzki PC considers the availability of damages for this kind of loss in each case. Injury victims should not be deprived of these types of damages just because it seems like there has been a full recovery from the injury. For this reason it is important to work closely with an injury victim’s doctor(s) and to seek expert medical opinion with respect to not only what has happened, but indeed what may happen in the future.
Sunday, August 22, 2010
Government of Ontario responds to Charles Beer review of the AODA
The Government of Ontario has responded to the Beer Review of the Accessibility for Ontarians with Disabilities Act (AODA). The response addresses the recommendations to harmonize accessibility standards, renew leadership, establish an Ontario Accessibility Standards Board and repeal the Ontarians with Disabilities Act (ODA), which preceded the AODA.
The government agrees with the suggestion to harmonize the standards. The government will integrate and align the information and communications, transportation and employment standards. They intend to complete the process and put the integrated regulations in force by 2011. In 2013, the customer service standard will also be integrated.
In response to the call for renewed leadership, the government states that it will continue to champion accessibility.
Staff at the Ministry of Community and Social Services have been asked to review Mr. Beer's recommendation to establish an Ontario Accessibility Standards Board and will report back to the minister by early 2011. The government's focus will remain on completing the standards so no organizational changes are being contemplated at present.
The ODA will be repealed once all five standards under the AODA are in place.
The Beer Report noted that Municipal Accessibility Advisory Committees have an important role to play in achieving the vision of an accessible Ontario. The government response confirms that the MAACs will remain in place and the ministry will continue to work closely with them.
For details, see "Government of Ontario Response to Charles Beer Report," August 10, 2010, at www.mcss.gov.on.ca
The government agrees with the suggestion to harmonize the standards. The government will integrate and align the information and communications, transportation and employment standards. They intend to complete the process and put the integrated regulations in force by 2011. In 2013, the customer service standard will also be integrated.
In response to the call for renewed leadership, the government states that it will continue to champion accessibility.
Staff at the Ministry of Community and Social Services have been asked to review Mr. Beer's recommendation to establish an Ontario Accessibility Standards Board and will report back to the minister by early 2011. The government's focus will remain on completing the standards so no organizational changes are being contemplated at present.
The ODA will be repealed once all five standards under the AODA are in place.
The Beer Report noted that Municipal Accessibility Advisory Committees have an important role to play in achieving the vision of an accessible Ontario. The government response confirms that the MAACs will remain in place and the ministry will continue to work closely with them.
For details, see "Government of Ontario Response to Charles Beer Report," August 10, 2010, at www.mcss.gov.on.ca
Friday, August 20, 2010
Can I fire my personal injury lawyer and hire a new personal injury lawyer? By Marc-Nicholas Quinn
Ottawa Accident Lawyers, Ottawa Injury Lawyers - Is it possible to fire my personal injury lawyer and hire a new personal injury lawyer? Transfer of a personal injury file from one accident lawyer to another - how to proceed? By Marc-Nicholas Quinn
Top reasons why clients want to change lawyers
From time to time, we are asked by new clients to take over carriage of their personal injury files from another personal injury lawyer. In all cases, the client is very unhappy with their current personal injury lawyer and have reached a critical point where the client and solicitor relationship has deteriorated.
In our experience, the main reasons a client wishes to change personal injury lawyers are as follows:
1. The lawyer will not work on the file and has improperly delegated the file to someone else in the office such as a paralegal or law clerk.
2. The client has tried for weeks and sometimes months to reach the accident lawyer or his assistant, to no avail. No explanation is provided for why the lawyer never calls back.
3. The file is passed from one accident lawyer to the next in the same law firm.
4. The file is not progressing at all.
5. The client receives no updates at all.
6. The delay in the case is not explained at all.
7. There is disagreement on the conduct / steps of the case.
8. The accident lawyer recommends a settlement that the client objects to.
9. The lawyer changes his view significantly on the merits of the case without any explanation.
10. The lawyer refuses to continue with the case.
11. The lawyer is charging much more money than was quoted.
12. The lawyer is rude or lacks compassion.
As a client, one or a combination of the above reasons may trigger you to re-assess your relationship with your accident lawyer. If you experience difficulties in your relationship with your injury lawyer and attempts to work out a solution fails, or if your relationship with your current injury lawyer has deteriorated to the point that you have lost confidence in your injury lawyer for any reason, we would be pleased to meet with you free of charge and discuss your options, including a transfer of your personal injury matter to our law firm.
Is it always appropriate to change personal injury lawyers?
As a word of caution, we mention that it is not always in your best interests to transfer your file to a new personal injury lawyer. In many cases, after reviewing the matter, it turns out, for various reasons, that it is in a client’s best interests to remain with their current personal injury lawyer. For example, after reviewing the situation, the file is actually progressing well, the former lawyer was doing a fine job with the file and the real issue was simply a lack of proper communication between the lawyer and client. If the client had been provided regular updates, all would be fine, or if the client was given an explanation for the delay, all would be fine.
In such cases, a meeting between the client and injury lawyer to discuss the issues often solves the problem. In some cases, the client may have unrealistic expectations about the time-line or result of their case. Again, a meeting with the injury lawyer to obtain answers can sometimes provide the information needed to resolve the lawyer client relationship. In some cases, a meeting between the lawyer and client can clear up any misunderstandings and expectations in the lawyer client relationship and the terms of the continued relationship can be agreed upon.
Every case of a request to transfer the file is assessed and considered on its own merits and once the relevant facts received. If, after considering all the facts, the former lawyer has and is not pursing the injury claim properly, we will entertain a request to transfer the personal injury file to our office.
What are the client’s rights when seeking to transfer the file?
The client has the right to change lawyers. In a lawyer client relationship, as the client, you have certain rights and interests. You have, for instance, the right to a report on the status of your file from time to time and you have the right to request a copy of your file (or rather, you are entitled to your file and the lawyer is entitled to a copy of it). In most cases of a request for a file transfer, the lawyer will wish to impose certain conditions to transferring the file, usually pertaining to a protection of and/or payment of his/her legal account for legal services rendered. The conditions will depend on the nature of the retainer agreement; essentially was the retainer and fee on an hourly rate basis or on a result obtained basis.
There are some added costs to the client in that your new personal injury lawyer will have to review the file and obtain, as best as possible, the knowledge the former injury lawyer has about the file; obtained by a thorough review of the file and time spent with the client reviewing the facts and issues.
Changing injury lawyers is not very complicated, but it takes some times and the proper procedure must be followed.
At Plant Quinn Thiele Mineault Grodzki PC, if we agree to take over carriage of your file we will take all the necessary steps to have the file transferred to our law firm and we will negotiate the terms with your existing personal injury lawyer.
We handle most personal injury and accident cases on a contingency fee arrangement, meaning a"No Fee Until You Win" basis. Consultations with our injury and accident lawyers are free. If you desire to change your injury lawyer, please feel free to consult us, free of charge at 613-563-1131.
Top reasons why clients want to change lawyers
From time to time, we are asked by new clients to take over carriage of their personal injury files from another personal injury lawyer. In all cases, the client is very unhappy with their current personal injury lawyer and have reached a critical point where the client and solicitor relationship has deteriorated.
In our experience, the main reasons a client wishes to change personal injury lawyers are as follows:
1. The lawyer will not work on the file and has improperly delegated the file to someone else in the office such as a paralegal or law clerk.
2. The client has tried for weeks and sometimes months to reach the accident lawyer or his assistant, to no avail. No explanation is provided for why the lawyer never calls back.
3. The file is passed from one accident lawyer to the next in the same law firm.
4. The file is not progressing at all.
5. The client receives no updates at all.
6. The delay in the case is not explained at all.
7. There is disagreement on the conduct / steps of the case.
8. The accident lawyer recommends a settlement that the client objects to.
9. The lawyer changes his view significantly on the merits of the case without any explanation.
10. The lawyer refuses to continue with the case.
11. The lawyer is charging much more money than was quoted.
12. The lawyer is rude or lacks compassion.
As a client, one or a combination of the above reasons may trigger you to re-assess your relationship with your accident lawyer. If you experience difficulties in your relationship with your injury lawyer and attempts to work out a solution fails, or if your relationship with your current injury lawyer has deteriorated to the point that you have lost confidence in your injury lawyer for any reason, we would be pleased to meet with you free of charge and discuss your options, including a transfer of your personal injury matter to our law firm.
Is it always appropriate to change personal injury lawyers?
As a word of caution, we mention that it is not always in your best interests to transfer your file to a new personal injury lawyer. In many cases, after reviewing the matter, it turns out, for various reasons, that it is in a client’s best interests to remain with their current personal injury lawyer. For example, after reviewing the situation, the file is actually progressing well, the former lawyer was doing a fine job with the file and the real issue was simply a lack of proper communication between the lawyer and client. If the client had been provided regular updates, all would be fine, or if the client was given an explanation for the delay, all would be fine.
In such cases, a meeting between the client and injury lawyer to discuss the issues often solves the problem. In some cases, the client may have unrealistic expectations about the time-line or result of their case. Again, a meeting with the injury lawyer to obtain answers can sometimes provide the information needed to resolve the lawyer client relationship. In some cases, a meeting between the lawyer and client can clear up any misunderstandings and expectations in the lawyer client relationship and the terms of the continued relationship can be agreed upon.
Every case of a request to transfer the file is assessed and considered on its own merits and once the relevant facts received. If, after considering all the facts, the former lawyer has and is not pursing the injury claim properly, we will entertain a request to transfer the personal injury file to our office.
What are the client’s rights when seeking to transfer the file?
The client has the right to change lawyers. In a lawyer client relationship, as the client, you have certain rights and interests. You have, for instance, the right to a report on the status of your file from time to time and you have the right to request a copy of your file (or rather, you are entitled to your file and the lawyer is entitled to a copy of it). In most cases of a request for a file transfer, the lawyer will wish to impose certain conditions to transferring the file, usually pertaining to a protection of and/or payment of his/her legal account for legal services rendered. The conditions will depend on the nature of the retainer agreement; essentially was the retainer and fee on an hourly rate basis or on a result obtained basis.
There are some added costs to the client in that your new personal injury lawyer will have to review the file and obtain, as best as possible, the knowledge the former injury lawyer has about the file; obtained by a thorough review of the file and time spent with the client reviewing the facts and issues.
Changing injury lawyers is not very complicated, but it takes some times and the proper procedure must be followed.
At Plant Quinn Thiele Mineault Grodzki PC, if we agree to take over carriage of your file we will take all the necessary steps to have the file transferred to our law firm and we will negotiate the terms with your existing personal injury lawyer.
We handle most personal injury and accident cases on a contingency fee arrangement, meaning a"No Fee Until You Win" basis. Consultations with our injury and accident lawyers are free. If you desire to change your injury lawyer, please feel free to consult us, free of charge at 613-563-1131.
Saturday, August 14, 2010
Ottawa Car Accident Lawyers - Traffic Accidents and Injuries - by: Marc-Nicholas Quinn
Ottawa Car Accident Lawyers - Injury Experts - Traffic Accidents and Injuries - by: Marc-Nicholas Quinn
A traffic accident or traffic collision involves an incident in which a motor vehicle such as a car, suv, atv, motorcycle or other motorized travel device collides with another motor vehicle, person, pedestrian, animal, items on a road or other type obstacle. In cases of traffic accidents, traffic collisions, car crashes or car accidents, chances are that the incident has caused injury to person or property. It is very uncommon for a traffic collision or car accident not to cause injury to person, damage to property or even death. There are many factors that contribute to an accident occurring, such as weather, faulty vehicles, bad road design and driver impairment such as alcohol or drug consumption, texting or phone use. The list if impairments is long.
When a car accident leads to personal injury, the injured person should consult a personal injury lawyer as soon as possible after the accident. Motor vehicle law is a very complex area of law with many time limits to advance claims and significant pitfalls. Car accidents cause injury and significant financial cost. No matter how well we try to avoid car accidents and eliminate risks, car accidents will continue to occur.
Trying to find guidance from articles published on the Internet is a start, but one quickly realizes when trying to make sense of what to do after an accident, unless you are a car accident specialist, you will gain limited useful knowledge of your interests and rights as an injured person by surfing the Internet. The pitfalls in car accident litigation are endless and only an experienced car accident lawyer can provide the legal advice and guidance needed to protect your rights and interests and obtain fair compensation.
The types of injuries one can suffer in a car accident is varied. Car accidents can cause many different injuries to virtually any part of your body. Common injuries include head injuries and injury to the face such as lacerations, bruising, concussions, fractures, post-concussion syndrome, closed head injuries, traumatic brain injuries. We also see various neck injuries such as sprains, strains, whiplashes, fractures, cervical injuries and disc injuries. We see shoulder injuries such as sprains, strains, fractures, dislocations and joint injuries. We also see a significant amount of injuries to arms, hands, legs, knees and feet such as lacerations, bruises, fractures, sprains, strains, dislocations and ligament injuries. We see significant back injuries such as sprains, strains, fractures, disc injuries and spine injuries of every type. We often see associated psychological injuries, emotional trauma and in some cases death. The severity of the injuries varies significantly.
In many cases, injuries sustained in car accidents are not obvious right away. In some cases, endorphins produced in times of trauma mask or hide pain and you may not be aware of the injuries sustained until some time later. In some cases, swelling only occurs after some time and injuries are revealed only hours or days after a car accident. It is always better to be safe than sorry. Always seek medical treatment after a car accident even if you appear fine.
If you or someone you care about has been injured in a car accident or other type of accident, contact the Ottawa Accident and Injury Lawyer Network for a free consultation. We offer No Fee Until You Win agreements and will not charge anything unless you win your case. Call us at 613-563-1131 or 613-315-HURT.
A traffic accident or traffic collision involves an incident in which a motor vehicle such as a car, suv, atv, motorcycle or other motorized travel device collides with another motor vehicle, person, pedestrian, animal, items on a road or other type obstacle. In cases of traffic accidents, traffic collisions, car crashes or car accidents, chances are that the incident has caused injury to person or property. It is very uncommon for a traffic collision or car accident not to cause injury to person, damage to property or even death. There are many factors that contribute to an accident occurring, such as weather, faulty vehicles, bad road design and driver impairment such as alcohol or drug consumption, texting or phone use. The list if impairments is long.
When a car accident leads to personal injury, the injured person should consult a personal injury lawyer as soon as possible after the accident. Motor vehicle law is a very complex area of law with many time limits to advance claims and significant pitfalls. Car accidents cause injury and significant financial cost. No matter how well we try to avoid car accidents and eliminate risks, car accidents will continue to occur.
Trying to find guidance from articles published on the Internet is a start, but one quickly realizes when trying to make sense of what to do after an accident, unless you are a car accident specialist, you will gain limited useful knowledge of your interests and rights as an injured person by surfing the Internet. The pitfalls in car accident litigation are endless and only an experienced car accident lawyer can provide the legal advice and guidance needed to protect your rights and interests and obtain fair compensation.
The types of injuries one can suffer in a car accident is varied. Car accidents can cause many different injuries to virtually any part of your body. Common injuries include head injuries and injury to the face such as lacerations, bruising, concussions, fractures, post-concussion syndrome, closed head injuries, traumatic brain injuries. We also see various neck injuries such as sprains, strains, whiplashes, fractures, cervical injuries and disc injuries. We see shoulder injuries such as sprains, strains, fractures, dislocations and joint injuries. We also see a significant amount of injuries to arms, hands, legs, knees and feet such as lacerations, bruises, fractures, sprains, strains, dislocations and ligament injuries. We see significant back injuries such as sprains, strains, fractures, disc injuries and spine injuries of every type. We often see associated psychological injuries, emotional trauma and in some cases death. The severity of the injuries varies significantly.
In many cases, injuries sustained in car accidents are not obvious right away. In some cases, endorphins produced in times of trauma mask or hide pain and you may not be aware of the injuries sustained until some time later. In some cases, swelling only occurs after some time and injuries are revealed only hours or days after a car accident. It is always better to be safe than sorry. Always seek medical treatment after a car accident even if you appear fine.
If you or someone you care about has been injured in a car accident or other type of accident, contact the Ottawa Accident and Injury Lawyer Network for a free consultation. We offer No Fee Until You Win agreements and will not charge anything unless you win your case. Call us at 613-563-1131 or 613-315-HURT.
Friday, August 6, 2010
WHEN THE TRUTH IS HARD TO SPEAK
Asking the Court for Judgment and getting what you wish for! By Michael Thiele
In courtrooms around the country Justices are called upon to decide between competing versions of "fact" that the different parties and witnesses are swearing is the truth. One can only imagine how difficult a task this is when the consequences of choosing one version of fact over another has broad financial and social implications on the party whose version of the truth is not accepted. When the choice is difficult and the truth lies somewhere in the middle and the discrepancies in evidence can be chalked up to subjective perceptions the Court's findings are often expressed in tempered language with the evidence of some parties and witnesses being "preferred". In "preferring" some evidence over the competing contrary evidence there is of course an implication about the credibility and veracity of that other party or witness. The fact of there being an implication is a necessary consequence of the Justice having to decide what the true facts of the dispute are.
What then about cases where credibility, weighing the evidence, and deciding what is "true" is not a difficult task. What of the witness or party that is clearly challenged when it comes to the truth? How may a Court express its views of the incredible witness? Cases of this sort may lead to rather colourful language in the reasons provided by the Court. A recent example of such colourful language arises in the case of Wojnarowski v. Bomar Alarms Ltd. 100 O.R. (3d) 288.
What stood to be a rather dry case about promissory notes clearly became a lively matter for the Court as the opening paragraph indicates as follows: "In this action, the parties sought to shed the cloak of criminality that they wore comfortably for more than a decade, only to find the vestments of the virtuous to be ill-fitting." Later on an after excluding two witnesses from the comment to follow the Court stated: " With the exception of MacDonald and White, I have approached the credibility of the witnesses with apprehension and caution, for they are people who are well acquainted with falsehoods. After more than ten years of casual criminality, why should I think that they found God in my courtroom?" Later still, in assessing the credibility of the witness Mary the Court states: " There are numerous other examples of Mary's contradictory and otherwise vague evidence as to the uses made of the lines of credit. I am left wiht a mash of transactions described by a tainted witness who appeared to be composing her ansewrs on the fly", and again " I suspect that, of the many line of credit transactions, some were a smokescreen for instances of personal enrichment: Mary had mastered the methods of financial obfuscation."
The manner of expression leaves no doubt of the Court's view of the parties involved in this case. The colourful language makes for entertaining reading and surely the reasons have given the parties great pause for thought. That, however, is not all. The Court's findings are a reminder that telling the truth, behaving honourably, and being upstanding are important values that a Court and hence our community demands of its members. Casual dishonesty is not without consequences and the Court reminds us in this case that you can not act in this way with impunity and expect there to be no consequences.
The consequences of the conduct in this case are revealed in the dismissal of the claims. Further though, and perhaps an unanticipate outcome for the parties is the last paragraph of the Judgment which provided: "A copy of these reasons will be forwarded to the Crown Attorney at St. Catherines for whatever attention they may merit".
In courtrooms around the country Justices are called upon to decide between competing versions of "fact" that the different parties and witnesses are swearing is the truth. One can only imagine how difficult a task this is when the consequences of choosing one version of fact over another has broad financial and social implications on the party whose version of the truth is not accepted. When the choice is difficult and the truth lies somewhere in the middle and the discrepancies in evidence can be chalked up to subjective perceptions the Court's findings are often expressed in tempered language with the evidence of some parties and witnesses being "preferred". In "preferring" some evidence over the competing contrary evidence there is of course an implication about the credibility and veracity of that other party or witness. The fact of there being an implication is a necessary consequence of the Justice having to decide what the true facts of the dispute are.
What then about cases where credibility, weighing the evidence, and deciding what is "true" is not a difficult task. What of the witness or party that is clearly challenged when it comes to the truth? How may a Court express its views of the incredible witness? Cases of this sort may lead to rather colourful language in the reasons provided by the Court. A recent example of such colourful language arises in the case of Wojnarowski v. Bomar Alarms Ltd. 100 O.R. (3d) 288.
What stood to be a rather dry case about promissory notes clearly became a lively matter for the Court as the opening paragraph indicates as follows: "In this action, the parties sought to shed the cloak of criminality that they wore comfortably for more than a decade, only to find the vestments of the virtuous to be ill-fitting." Later on an after excluding two witnesses from the comment to follow the Court stated: " With the exception of MacDonald and White, I have approached the credibility of the witnesses with apprehension and caution, for they are people who are well acquainted with falsehoods. After more than ten years of casual criminality, why should I think that they found God in my courtroom?" Later still, in assessing the credibility of the witness Mary the Court states: " There are numerous other examples of Mary's contradictory and otherwise vague evidence as to the uses made of the lines of credit. I am left wiht a mash of transactions described by a tainted witness who appeared to be composing her ansewrs on the fly", and again " I suspect that, of the many line of credit transactions, some were a smokescreen for instances of personal enrichment: Mary had mastered the methods of financial obfuscation."
The manner of expression leaves no doubt of the Court's view of the parties involved in this case. The colourful language makes for entertaining reading and surely the reasons have given the parties great pause for thought. That, however, is not all. The Court's findings are a reminder that telling the truth, behaving honourably, and being upstanding are important values that a Court and hence our community demands of its members. Casual dishonesty is not without consequences and the Court reminds us in this case that you can not act in this way with impunity and expect there to be no consequences.
The consequences of the conduct in this case are revealed in the dismissal of the claims. Further though, and perhaps an unanticipate outcome for the parties is the last paragraph of the Judgment which provided: "A copy of these reasons will be forwarded to the Crown Attorney at St. Catherines for whatever attention they may merit".
Thursday, August 5, 2010
Ontario Long-Term Care Homes Act
New Long-Term Care Homes Act now in effect
Ontario's new Long-Term Care Homes Act, 2007 (LTCHA) came into effect on July 1, 2010. The act states that "a long-term care home is primarily the home of its residents and is to be operated so that it is a place where they may live with dignity and in security, safety and comfort and have their physical, psychological, social, spiritual and cultural needs adequately met."
This act now supersedes other legislation governing long-term care homes, including the Charitable Homes Act, theHomes for the Aged and Rest Homes Act and the Nursing Homes Act.
The LTCHA has an expanded Residents' Bill of Rights, which recognizes the dignity of each resident and ensures a safe environment for each resident. The Residents' Bill of Rights also protects a resident's right to participate fully in the development, implementation, review and revision of his or her plan of care, including rights to
- give or refuse consent to any treatment, care or services for which his or her consent is required by law and to be informed of the consequences of giving or refusing consent,
- participate fully in making any decision concerning any aspect of his or her care, including any decision concerning his or her admission, discharge or transfer to or from a long-term care home or a secure unit and to obtain an independent opinion with regard to any of those matters, and
- have his or her personal health information within the meaning of the Personal Health Information Protection Act, 2004 kept confidential in accordance with that act, and to have access to his or her records of personal health information, including his or her plan of care, in accordance with that act.
As a mandatory requirement under the LTCHA, all licensed long-term care homes must establish a Residents' Council consisting only of residents of the home to help advise on matters relating to the home. In addition, all long-term care homes must establish a written policy to promote zero tolerance of abuse and neglect of residents.
Tuesday, August 3, 2010
How to win your car accident case - Ottawa Car Accident Lawyers
How to win your car accident case - Ottawa Car Accident Lawyers: by Marc-Nicholas Quinn
Car accidents cause serious injuries that can have devastating and often long lasting affects on injured persons and their families. Car accidents are more common that you think and they can occur at any time. As a victim of a car accident, you have the right to claim compensation for your injuries from the person at fault for the accident. You have the right to claim accident benefits regardless of fault.Our advice is to always retain the services of a personal injury and accident lawyer to advance your claim for compensation.
A personal injury lawyer can help you gather the evidence needed to prove your case such as the circumstances of the accident, needed medical care evidence and documents substantiating your losses and liability such as police reports, medical reports etc... A personal injury and accident lawyer can also arrange to interview witnesses and obtain witness statements which support your version of the events surrounding the accident. An accident lawyer can also calculate your damages and losses and provide valuable advice on what a good or fair settlement is, having regard to all your circumstances. A reputable and experienced accident lawyer can also negotiate a fair settlement for you and, if settlement negotiations fail, file a court action on your behalf.
If you or someone you love has been injured in a car accident, please do not hesitate to contact us at 613-563-1131 for a free consultation. Ottawa Personal Injury Lawyers - No Fee Until You Win. Marc-Nicholas Quinn, Ottawa Car Accident and Injury Lawyer.
Car accidents cause serious injuries that can have devastating and often long lasting affects on injured persons and their families. Car accidents are more common that you think and they can occur at any time. As a victim of a car accident, you have the right to claim compensation for your injuries from the person at fault for the accident. You have the right to claim accident benefits regardless of fault.Our advice is to always retain the services of a personal injury and accident lawyer to advance your claim for compensation.
A personal injury lawyer can help you gather the evidence needed to prove your case such as the circumstances of the accident, needed medical care evidence and documents substantiating your losses and liability such as police reports, medical reports etc... A personal injury and accident lawyer can also arrange to interview witnesses and obtain witness statements which support your version of the events surrounding the accident. An accident lawyer can also calculate your damages and losses and provide valuable advice on what a good or fair settlement is, having regard to all your circumstances. A reputable and experienced accident lawyer can also negotiate a fair settlement for you and, if settlement negotiations fail, file a court action on your behalf.
If you or someone you love has been injured in a car accident, please do not hesitate to contact us at 613-563-1131 for a free consultation. Ottawa Personal Injury Lawyers - No Fee Until You Win. Marc-Nicholas Quinn, Ottawa Car Accident and Injury Lawyer.
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