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Login to watch this video if you have a subscription. Learn more about subscriptions.In this program, with the aid of an anonymized, real-life fact scenario, our panelists presents an overview of the strategic approaches and problems that arise when dealing with catastrophic brain injuries for children, and the new definition under Section 3.115 of the SABS.
Andrew Rudder, a personal injury lawyer with the Rudder Group, discussed catastrophic injury and strategy from a personal injury perspective; Evelyn ten Cate, a partner with Fosters Law and an insurance defense lawyer, discusses catastrophic injury and strategy from a defense perspective; and Kirsten Smith discusses the history of CAT criteria and the application process for OCF-19.
Andrew Leroy Rudder is a personal injury lawyer specializing in catastrophic impairment law. Andrew is a published author of the LexisNexis Inc. book entitled, “Catastrophic Impairment Law in Canada,” a director at Head Injury Rehabilitation Ontario, and the founder of the Rudder Law Group. His practice is devoted to severe and catastrophic plaintiffs’ personal injury tort cases, including motor vehicle collisions, slip and falls, and assaults, as well as accident benefits and disability benefits claims. His clients include people who sustained catastrophic impairments, such as a catastrophic traumatic brain injury, spinal cord injury and fracture(s), paraplegia, tetraplegia, severe impairment of ambulatory mobility or the use of an arm, amputation of a leg or an arm, loss of vision, and/or a mental and behavioural disorder. He regularly appears as lead counsel at the Superior Court of Ontario to conduct trials and summary judgment motions, and has argued several times at the Court of Appeal for Ontario. Andrew received an Honours Bachelors of Arts degree from York University, majoring in Philosophy, and graduated with distinction on the Cum Laude List Honours. Andrew earned his law degree from the University of Windsor.
Kirsten Smith is a practicing occupational therapist and PhD candidate in Health and Rehabilitation Sciences at Western University. She has been practicing as an occupational therapist for 14 years, all of which have been in the area of paediatrics. Kirsten has been working in the auto insurance sector for 11 years, providing assessment and treatment to paediatric clients with range of injuries and conditions, including acquired brain injuries. Kirsten’s research is focused on the ways rehabilitation professionals use mindfulness within their clinical practices, both for themselves and their clients. Kirsten has taught numerous courses in the School of Occupational Therapy at Western University, including an intensive in paediatrics. Kirsten has received a number of awards for her teaching and research excellence. She holds post-professional training in children's yoga, animal-assisted therapy and hippotherapy.
Evelyn ten Cate is a London transplant (originally from Brockville, Ontario). She did her undergraduate degree in Economics at Queen’s University and her law degree at Western University. She was called to the bar in 1994. After a brief stint in family law, she joined Foster Townsend in 1996 and became a partner in 2004. She practices both insurance defence and plaintiff personal injury litigation throughout southwestern Ontario.
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