The Invisible Injury

We have come a long way in Canada in recognizing and appreciating those who suffer from “invisible” injuries, but we have a long way still to go. Too often those who are most vulnerable in our society are discriminated against because their injury or disability cannot be seen or cannot be proven with so-called objective evidence. These injuries include chronic pain, traumatic brain injury, depression, and anxiety.

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Personal Injury and the Myth of the Named Defendant

I’ve practiced law now for nearly 17 years. For most of those years I’ve represented injured victims – these are the plaintiffs in legal actions. Over these years I’ve come to realize that there are several myths that pervade our system. One of the most pervasive is the myth of the named defendant.

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The Loss of Your Privacy

A recent case Isacov v. Schwartzberg, 2018 ONSC 5933, destroys an injured plaintiff’s privacy in his or her social media accounts. Master Short ordered the plaintiff to produce electronic or paper copies of photographs on any of the plaintiff’s Facebook and Instagram accounts. This case is a warning to anyone who has been injured in a motor vehicle crash, from medical malpractice, slip or trip and fall or fighting an insurance company for disability benefits – what you post on Facebook or Instagram will be produced to the defence. Once you start a lawsuit, your privacy in your social media is gone.

Is this fair?

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Time for a Shift in Auto Insurance

For the first time in 15 years the Liberals are no longer the party in power in Ontario. When the Liberals
came into power in 2003, Ontario had a generous mandatory no-fault accident benefits for those
injured in automobile crashes and corresponding limits on innocent victims' right to sue at-fault drivers
in tort. Over the past 15 years this quid pro quo has been eroded: no-fault benefits have been slashed
while the rights for innocent victims to sue in tort have been further limited. It is a double whammy for
Ontarians, reduced no-fault benefits and limited rights to sue in tort.

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Our Friendly Neighbourhood Family Doctor

As a personal injury and medical malpractice lawyer, I work with many doctors. In every one of my cases there is a doctor involved. In my experience over the past 16 years in almost every case a client’s family doctor is the unsung hero.

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14 Things to Know before going to Jail in Ontario: a Prisoner’s Guide.

Note: This article originally appeared in Robichaud's Criminal Defence Litigation.

When an accused is sentenced to custody they will be serving their sentence in either a Provincial or Federal institution. Sentences of two years less a day will be served in a Provincial facility. Sentences of two years or more will be served in a Federal penitentiary. Federal inmates are under the auspices of Corrections Services Canada.

 

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