2023 Year in Review: Thankful for all of our mentors this year. Professional Development was a highlight for us in 2023. We wrote over 40 legal articles and developed and chaired seven accredited professional courses involving high-level speakers that offered their valuable time to educate all of us. Thank you to all the medical experts and legal professionals that helped us create these incredible programs. The journey of continued professional development has been an enjoyable one for me personally. To end 2023, we would like to share our insightful series of articles and educational resources we have produced and shared, most of which can be found on www.caselawcorner.com or the resource page of Viewpoint www.vp-group.ca. Looking forward to staying current in 2024! Happy New Year everyone! #Staycurrent #education #professionaldevelopment #CPD
Our articles and legal resources written and shared with you in 2023 can be found on www.caselawcorner.com:
- Litigation Privilege;
- Ruptured Aneurysm;
- Discrimination on the ground of physical disability;
- The Legal Test for Causation in 2013 SCC decision Ediger v. Johnston;
- 200 ways a nerve can be pinched;
- Rotator cuff tears;
- Black box of a motor vehicle;
- Medical terminology;
- The Court’s gatekeeping function regarding admissibility of evidence, SCC decision;
- SCC Decision Tax gross up;
- Expert evidence in medical malpractice claims;
- Accommodations in the Workplace;
- Liability Trial – Credibility and reliability of a witness;
- Questionnaires of an IME, Points to Consider;
- Cost of future care – Review; Must not simply improve a Plaintiff’s enjoyment of life
- Cost of future care 2019; Judges must “peer into the future” and fix the damages “as best they can”. This includes allowing contingencies for the possibility that the future may differ from what the evidence at trial indicates
- Cost of future care – Medical Cannabis; Plaintiff and Defence arguments on medical justification for medical cannabis
- Costs of future care – Arguments to reduce items claimed; Assessing damages for cost of future care is not a precise accounting exercise;
- Functional capacity evaluations and vocational assessments;
- Liability trial, cyclist v. vehicle/evidence. This case will identify the type of evidence relied on by both parties involved in the litigation, engineer reports, and why some evidence was not accepted by the Court.
- Liability split apportioned 40% Plaintiff (cyclist) and 60% the Defendant (vehicle.) A review of contributory negligence, apportionment of fault, and relative degrees of fault.
- Principles as it pertains to cyclists & vehicles. Each person has a duty to look out for others and to take reasonable care that their own actions do not cause others foreseeable harm.
- Analysis of fault/pedestrian collisions;
- Infant pedestrian claims;
- Cardiologist, Cardiac-Surgeon and Cardio-thoracic surgeon;
- Agony of Collision Doctrine;
- The Rescuer Doctrine;
- Wrongfully dismissed without having worked a day;
- Principles governing loss of earning capacity;
- Assault Case Leads to High Award;
- Determination: Minor injury v. serious impairment;
- Loss of Housekeeping 2019
- $80,000 for loss of housekeeping capacity
- Activities of daily living – loss of housekeeping capacity
- Failure to Mitigate Leads to 10% Reduction;
- 2023 Chronic Pain Case;
- 6% Cap on Disbursements;
- Awards of cost of future care;
- Sleep Studies;
- Herniated disc results in 1.4 million for future loss of earning capacity;
- Minor injury assessment in Alberta.
Our accredited CPD Programs produced and published for the profession in 2023 can be found on www.vp-group.ca:
- Seeking Leave of the Court for Additional Experts (1 hour CPD);
- Two-Part Medical Legal Webinar:
- Medical Malpractice – The Expert Series
- Medical Diagnosis, Complex Medical Conditions and Syndromes;
- The Empowering Paralegal, Shaping Career Success.
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