Middlesex Law Association Personal Injury Update - Dec 2020 | CPDonline.ca

Middlesex Law Association Personal Injury Update - Dec 2020

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Credits
Professionalism (Ethics, etc.): 0.5
30 minutes
Substantive: 1.5
100 minutes
Published
2020
Presenter(s)
Alysia Christiaen
John Makins
Christina Martin
Stephen Pitel
Anna Stoll
Kelly Tranquilli
Jonathan de Vries
Source
Middlesex Law Association
Provider
CPDOnline.ca
Language
English
Length
130 minutes
Price
$139.00 plus tax
Includes Handouts

Written Advocacy Panel

This panel on written advocacy, comprised of the Honourable Madam Justice Kelly Tranquilli, Jonathan de Vries and moderated by Alysia Christiaen, discussed how lawyers can be more effective, concise, and persuasive.  The panel reviewed the concept and benefits of point first writing.  They also outlined a number of tips pertaining to written documents in virtual hearings including:  bookmarking PDF motion records and facta, properly naming electronic documents, and hyperlinking authorities cited in facta.  Jonathan recommended writing in plain language, and citing quality cases over quantity in terms of research and case references.

Striking the Jury – Case Updates

John Makins reviewed the basic principles on a motion to strike the jury.  His presentation focussed on six 2020 decisions dealing with motions to strike the jury in cases due, in part, to COVID-19. 

Tort Law Update

This update on the law of tort will consider three recent appellate cases from Ontario and British Columbia that address the standard of care, factual causation and the assumption of risk defence in the personal injury context.  Two of the cases deal with medical procedures performed in hospital and the third deals with injuries sustained while snowboarding.

LAT case comments

Christina will provide recent updates from the Licence Appeal Tribunal pertaining to recent application of the Court of Appeal Tomac case in the context of NEB and IRB claims.  She will also discuss recent LAT updates regarding special awards.  

Anna will provide recent updates from the Licence Appeal Tribunal pertaining to the Minor Injury Guideline (the “MIG”). More specifically, she will outline recent case law regarding whether the MIG can be considered as a standalone issue or whether a dispute must include denial of a specific benefit. Anna will also discuss recent case updates regarding apparent diagnoses of chronic pain and removal from the MIG.

Presenters

Alysia Christiaen

Jonathan de Vries

Jon obtained his Juris Doctor from the University of Western Ontario in 2005 and obtained his Master of Laws in 2006. He is currently a PhD candidate at the University of Western Ontario, with a research focus on municipal liability.

Jon’s practice areas include municipal and public agency liability issues, road authority liability, building code liability, misfeasance claims and economic torts. He has appeared as counsel before the Superior Court of Justice, the Divisional Court, the Court of Appeal for Ontario and various tribunals

Jon has written extensively on municipal liability, insurance law and litigation issues. 

John Makins

John has 40 years experience representing clients in personal injury, insurance and medical malpractice litigation.  He has appeared at all levels of Court in Ontario and has instructed and lectured on various civil litigation issues at Fanshawe College, the Bar Admission course, U.W.O. Law School and various continuing education courses.  John was certified as a specialist in Civil Litigation by the Law Society of Upper Canada between 1991 and 2010.  John has been a mediator for the past 10 years, and currently mediates in association with ADR Chambers. 

Christina Martin

Christina Martin is an associate lawyer at Siskinds LLP, practicing exclusively in plaintiff personal injury litigation. She was called to the bar in 2011.  Christina is the President of the Brain Injury Association of Sarnia Lambton and is a Trustee of the Middlesex Law Association.  

Dr. Stephen Pitel

Stephen G.A. Pitel is a Professor in the Faculty of Law at Western University.  His research and teaching is focused on private international law, tort law, civil procedure and legal ethics.  He has been an adjunct professor at the University of Toronto and the University of Sherbrooke.  Stephen is the co-author of Conflict of Laws (2d ed. 2016), Private International Law in Common Law Canada: Cases, Text and Materials, (4th ed. 2016) and Statutory Jurisdiction: An Analysis of the Court Jurisdiction and Proceedings Transfer Act (2012).  His tort law scholarship includes co-authoring The Law of Torts in Canada (4th ed. 2020) and Cases and Materials on the Law of Torts (10th ed. 2019).  In the field of legal ethics, Stephen is a contributor to Lawyers’ Ethics and Professional Regulation (3d ed. 2017).  He has received several teaching awards including the Ontario Confederation of University Faculty Associations Teaching Award and the Edward G. Pleva Award for Excellence in Teaching.  He is a former President of the University of Western Ontario Faculty Association and is the Vice-President of the Canadian Association for Legal Ethics.

Anna Stoll

Anna Stoll is an associate lawyer at Siskinds LLP, practicing exclusively in plaintiff personal injury litigation. She was called to the bar in 2016. Anna presently sits on the Bethany’s Hope Foundation Board and is Chairperson of Helmets on Kids Community Partnership for London and Region. She organizes an annual euchre tournament to raise funds for charitable causes in the community.

Justice Kelly Tranquilli

Justice Kelly Tranquilli received her Bachelor of Journalism (Honours) from Carleton University. After briefly working in journalism and communications, she earned her LL.B. with distinction at Western University, where she received numerous academic awards including civil procedure, tort law, estate law, labour law and legal writing. She received the Ted McGrath award for criminal procedure at her call to the bar in 1998.

Justice Tranquilli practised civil litigation at Lerners LLP in London, where she was a partner from 2008 until her appointment. Her practice included medical malpractice and personal injury litigation, insurance, appellate law and professional regulation. She remained engaged in legal education, teaching insurance law at Western University Law School for several years and chairing and contributing to continuing legal education programs through the Middlesex Law Association and Advocate's Society.

She is dedicated to her community, serving as Chair of the London Health Sciences Foundation and on the board of directors of the Grand Theatre. Justice Tranquilli and her husband Fred are proud parents of three sons who are always quick to point out when their parents are taking themselves too seriously

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