McLeish Orlando LLP

McLeish Orlando LLP
Personal Injury

Based in Toronto, with consultation offices in Barrie, Hamilton, and Kitchener, McLeish Orlando focuses exclusively on personal injury law.

The firm’s lawyers handle personal injury matters such as orthopaedic, brain and spinal cord injuries, medical negligence or malpractice including delayed treatment due to missed or incorrect diagnosis, injuries from defective products or equipment, and wrongful death cases caused by negligence.

Using a network of case managers and rehabilitation professionals throughout the province, McLeish Orlando will assemble a team to handle cases for clients who have been seriously injured, and their families, and can offer assistance in many different languages.

McLeish Orlando LLP In The News
Underinsured and uninsured claims: what happens when there isn’t enough insurance coverage?

Written By: Nick Todorovic and Nicole Fielding, Student-at-Law . An interesting area of automobile insurance law is the concept of uninsured and underinsured drivers. What happens when someone who is not insured or is underinsured gets into a motor vehicle collision? Similarly, what happens if the at-fault driver does not have enough insurance coverage to compensate an injured party for their injuries? Read more

"Payer of last resort": the motor vehicle accident claims fund

Written By: William Harding and Nicole Fielding, Student-at-Law. In an incident or collision involving a motor vehicle, but no automobile insurance liability policy, where does the injured victim turn to for compensation for their injuries? Read more

School buses and children safety - what drivers should know

Written By: Lindsay Charles and Courtney Stewart, Student-at-Law . It is that that bittersweet time of year again – summer is ending, and children have returned to school. Many children will make their way to and from school by travelling on the approximately 18,000 Ontario school buses that transport children each day. Read more

Voluntary assumption of risk: personal injuries in sporting accidents

Written By: Michael Warfe and Hudson Chalmers, Summer Student. Injuries occur frequently in sports, but generally do not provide the injured person with a compensable injury which will attract damage awards in court. Sporting injuries differ from other injuries because it is assumed that by choosing to participate in a particular sport, one is voluntarily assuming the risk of accidental harm associated with the activity. Read more

Commute to lawsuit

Written By: Nick Todorovic and Danika Winkel, Summer Student . Within the GTA, changes have been made in recent years in an attempt to cut down on driver error and improve the safety of public transit within the city. These initiatives include more rigorous training for new drivers, a 25 km/h speed restriction for streetcars passing through intersections, and relaxed bus schedules to encourage drivers to slow down. [1] Read more

Experts for hire: what use can be made of past judicial comment?

Written By: William Keele and Hudson Chalmers, Summer Student. Expert witnesses are used in personal injury cases to help the court understand highly technical matters in issue. However, there are concerns that rather than assisting the court, some expert witnesses are no more than “hired guns” who tailor their reports and evidence to suit the client’s needs. Read more

Injured at an Airbnb: what to do when your trip goes south

Airbnb is an internet-based company that has quickly risen through the ranks of travel booking sites as one of the most popular options for accommodations around the world. In Canada, the cumulative number of active listings in the Montreal market has risen to over 14,000 in 2016, up from just 2,900 listings in 2014. [1]   In Toronto, cumulative active listings climbed to nearly 10,000 over that same period. [2] The business model is simple; to generate revenue, hosts can list anything from a single room to their entire property, while guests can search the site to find the space that best fits their needs. It seems like a match made in heaven, until something goes wrong. Read more

Admissibility of expert evidence

Written By: Bryan Sansom and Hudson Chalmers, Summer Student. In personal injury trials, both the plaintiff and defendant will want to tender expert evidence in support of their claims. Expert evidence is often essential to the litigation process as it enables a judge and jury to understand highly technical matters in issue. The nature of expert evidence and its allure of scientific infallibility, however, gives rise to the potential that the expert will highjack the fact-finding function of the court.  Consequently, there are strict rules of evidence that experts must comply with. Read more

Missed diagnosis or misdiagnosis: how to proceed with a medical malpractice claim involving cancer treatment

Written By: Bryan Sansom and Danika Winkel, Summer Student . According to the Canadian Cancer Society, cancer is the leading cause of death in Canada, responsible for approximately 30% of all deaths. [1]   Unfortunately, some cancer related deaths arise out of a missed or late diagnosis which effectively delays treatment and allows unrestrained progression of the disease. Read more

Income replacement benefits before and after the 104 week mark

Written By: Nick Todorovic and Hudson Chalmers, Summer Student . When involved in a motor vehicle collision, you are able to collect no-fault benefits from your insurance provider. If you are unable to return to work as a result of your injury, then one of the benefits you receive from your insurer are income replacement benefits (IRBs). The amount received in IRBs is 70% of your gross pre-injury income, up to a maximum of $400.00 per week. Read more

Up the creek without a paddle: a review of boating safety and the law regarding human powered watercraft

Written By: William Keele  and Danika Winkel, Summer Student. In 1984, on Chestermere Lake, Alberta, a man drowned after his canoe was flipped by the wake of a speed boat which had been travelling far too closely to the canoe. Although the driver of the speed boat was ultimately held liable for the paddler’s death, the Judge held that the paddler was 25% liable for the accident, due to the fact that he had not been wearing a lifejacket when the canoe flipped. The damages awarded to the paddler’s family for his death were reduced accordingly. In his decision, the Judge stated that “it makes common sense that a person in a canoe should wear a lifejacket”. [1] Read more

Firework safety: what you need to know for the Canada Day long weekend

Written By: Michael Warfe and Brock Turville, Summer Student. The Canada Day long weekend is fast approaching and many Canadians will head out to catch a public fireworks display. Others will choose to purchase fireworks and put on a show of their own. If you are planning on using fireworks this weekend, there are several safety tips that should be kept in mind. Read more

Self-driving vehicles: aligning expectations with reality

Written By: Michael Warfe and Leah Burlock, Summer Student . Public safety is said to be the top priority for the development of autonomous vehicles. With human error accounting for the vast majority of motor vehicle crashes, advocates for the autonomous vehicle technology tout the prospect of eliminating crashes entirely. The performance record of autonomous vehicles as measured against expected safety standards therefore weighs heavily on developers and consumers of the new technology. The recent death of Elaine Herzberg underscores how the expectations of these consumers and developers might be unrealistic. Read more

Tesla autopilot, still ironing out the wrinkles

Written By: Lindsay Charles and Brock Turville, Summer Student. Tesla, a car company based in California, is known for its electric-powered cars and innovation in the automobile industry. The company also appears to be one of the leaders in the race to implement a fully autonomous autopilot system in its cars. However, Tesla’s current software is only semi-autonomous, which requires the driver to monitor the vehicle. Collisions involving Tesla’s autopilot system have occurred in recent months, and reliability and safety remain major concerns. Read more

Post-accident treatment: how to get the most from your benefits

Written By: Bryan Sansom and Danika Winkel, Summer Student . If you are injured in a motor vehicle accident, it is important to know who can help you get back on your feet quickly. The following is a brief look at what medical benefits are commonly provided to victims of car accidents in Ontario as well as some tips on how to effectively manage your post-accident care. Read more

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