McLeish Orlando and Bike Law Canada are pleased to be involved in the formation of Oversized Danger: Report and Recommendations to Address the Danger of Pickups and Large SUVs to Pedestrians and Cyclists in Canada. Research conducted by McLeish Orlando’s Patrick Brown – Partner, Sonam Sapra – Associate, Ryann Barr – Summer Student, as well as Law Clerk Kelsey Pietrobon and Melissa Dowrie helped to inform the recommendations which form the foundation of the report. Read the report here Led by the Coalition to Reduce Auto Size Hazards (C.R.A.S.H.), this report outlines the safety problems posed ..read more

Justice J. R. Henderson held that leave of the court is not required to bring a refusals motion despite the moving party having set down the action for trial. Justice Henderson concluded that if leave was required, to deny leave would be to permit parties to withhold answers to questions “by hiding behind a procedural rule”. Heathcote v RBC Life Insurance Company, 2024 ONSC 1539 (CanLII) Salvatore Shaw, Partner and Jamie Davison, Student-At-Law April 10, 2024 1. Case Summary In a recent motion decision dated March 18, 2024, Justice J. R. Henderson concluded that leave of the court is not requ ..read more

By William Harding and Aidan Vining INTRODUCTION In the recent decision of Jones et al. v Manzon et al., 2024 ONSC 1205, McLeish Orlando lawyers, William Harding and Aidan Vining, successfully advanced a motion for the production of documents related to the basis for an insurer’s off-coverage position. The circumstances of this case are tragic, involving the death of a mother and two young children. In the decision, Justice Daley held that there is a broader scope of discovery available to a Plaintiff where their uninsured or underinsured motorist insurer is a Defendant to the action. Justice ..read more

Written by Sonam Sapra, Associate, and Jamie Davison, Student-At-Law Introduction This February has been the most dangerous month on Toronto streets for pedestrians and cyclists since 2020. Within the span of just one month, 12 collisions involving pedestrians and cyclists, resulting in four tragic fatalities, illustrated the urgent need for enhanced road safety measures. These alarming figures cast a shadow over the ambitious goals set forth by the Vision Zero initiative, launched in 2016, and Vision Zero 2.0, launched in 2019, to eradicate road fatalities. However, now eight years after the ..read more

Unpacking the legal obligations of ATV owners and controllers. Desrochers v. McGinnis, 2024 ONCA 63 (CanLII) Nick Todorovic, Partner, and Jamie Davison, Student-At-Law Introduction Megan Desrochers suffered a severe traumatic brain injury when she lost control while driving an all-terrain vehicle (ATV) in Prince Edward County and hit a tree on a highway. Megan and her then boyfriend, Patrick, had been visiting his parents’ farmhouse where his father, Grant, owned an ATV. On the night of the collision, Patrick and Megan rode the ATV to the nearby intersection where the McGinnis family had left ..read more

By Aidan Vining and Mandeep Tamber, Student-at-Law At McLeish Orlando, our personal injury lawyers often represent individuals who have suffered catastrophic injuries and are experiencing significant changes in their lives. These changes may be physical, psychological, cognitive, or a combination of the three. To assist with these changes, we often recommend our clients make use of assistive technology and devices to assist with managing their symptoms. Assistive technologies and devices refer to anything that can help a person who has been injured live their life in a manner as similar as pos ..read more

McLeish Orlando Lawyers is pleased to announce its partnership with the Amaro family and Cycle Toronto for the Alex Amaro Cycling Kindness Award. This award was created in the memory of Alexandra Mary Orme Amaro who was a passionate cyclist embodying kindness, positivity, and generosity throughout her life. Alex left us in December 2020 when she was struck while riding her bike in Toronto. The Alex Amaro Cycling Kindness Award is designed to recognize individuals or groups whose efforts exemplify a positive approach to making the City cycling friendlier, safer, more accessible, inclusive, and ..read more

Written by: Lindsay Charles, Partner, and Jamie Davison, Student-At-Law Public transit services move approximately 1.7 million commuters every day to, from, and within Toronto and its surrounding municipalities. Something most commuters may not have thought about is, what happens if I am injured either on or by a public transit vehicle? For example, if you hurt yourself on a bus when it comes to an abrupt stop, or if you are crossing the street and are hit by a public transit vehicle. In Ontario, special rules apply to this particular context, and it is important to know your rights. In this a ..read more

Written by Lindsay Charles, Partner, and Jamie Davison, Student-At-Law The Ontario Superior Court has provided us with further clarification on the admission and qualification of participant and litigation experts. Back in 2019, we blogged on this same issue, but the decision Snodden v 2568832 Ontario Inc, 2023 ONSC 6759 has provided an updated analysis. Under Rule 53.03 of the Rules of Civil Procedure a party who intends to call upon an expert witness to provide opinion evidence before the Court must comply with several rules with respect to the timing and service of reports, the contents of ..read more

Written by: Lindsay Charles, Partner and Jamie Davison, Student-At-Law A motor vehicle collision during a vacation sounds like a nightmare no one wants to experience. Unfortunately, it happens, but thankfully, there are steps you can take before leaving for vacation that can help you prepare for the worst. Ontario residents driving outside of Canada should ensure they have ample protection through the OPCF 44R insurance add-on, also known as Family Protection Coverage. This article breaks down the importance of having sufficient OPCF 44R coverage for travelers whether you are a student attendi ..read more