Posts Tagged ‘ontario spinal cord injury lawyer’

Ottawa Injury Lawyer David Hollingsworth wins at Court of Appeal for Ontario, Tannahill , Marchand – paraplegic woman entitled to limits in compensation ..

Ottawa Injury Lawyer David Hollingsworth, Court of Appeal for Ontario Win, Paraplegic entitled to limits in compensation. 
 
I am delighted to share with you a recent decision that I obtained on behalf of the Tannahill/Marchand family at the Court of Appeal for Ontario. This was an application to the court to require the family’s home insurance policy to pay for losses suffered when their daughter was visiting, fell through a balcony railing, and became a paraplegic. After successfully arguing the case on behalf of the family at the Ontario Superior Court to Justice, the insurance company appealed to the Court of Appeal for Ontario.  We were successful on behalf of the family at the Court of Appeal for Ontario as well.  I am pleased to have been able to help this family get some much needed funding for rehabilitation and medical needs. 
                                                                                -Ontario Injury Lawyer David Hollingsworth
The following is a copy of the decision…
 

123ONCAv. Lanark Mutual Insurance Company, 2011  Tannahill  CITATION    

 
 
 
 
 
DATE: 20110211   DOCKET: C52412  
COURT OF APPEAL FOR ONTARIO
 
 

 

Sharpe, Watt and Karakatsanis JJ.A.   

BETWEEN
Susan Tannahill and Georges Marchand, Applicants (Respondents) and Lanark Mutual Insurance Company , Respondent (Appellant )
 
 

 

Appotive Stephen S., for the appellant  and D. Hollingsworth, for the respondents   

Heard & released orally: February 7, 2011 

On appeal from the judgment of Justice Rick Leroy of Ontario Superior Court of Justice,  dated June 24, 2010. 

ENDORSEMENT 

[1] Lanark Mutual Insurance Company appeals a judgment that requires it to defend and indemnify the respondents in a tort action brought by their daughter, Naomi Marchand, who fell off the balcony of their home and was seriously injured. 

[2]The issue is whether Naomi’s claim is excluded from the respondents’ farm insurance policy because she was an in the named insured’s household”.“insured”, defined to include a relative while “living in the named insured’s household”. 

[3] The application judge found that seven or eight years before her injury, Naomi had been driven from the family home at age 15 as a result of conflict with her mother,serious religious and lifestyle differences with both parents and her disclosure of five years of sexual exploitation by her father. She had lived a peripatetic existence away

[4] The application judge found that the term “household” signified more than a transient visitor. He found that at the time of her injury, Naomi shared no unity of purpose with her family and that she was merely a short-term visitor and not living in her parents’ “household”

[5] We see no error on the part of the application judge. In the context of this case and this policy, the application judge’s reference to the definition of “you” and “your”the part of the policy dealing with first party liability had no practical bearing on the proper interpretation of the phrase “living in the named insured’s household”. 

 

[6] We agree with the application judge that the term “household” connotes a familylike group of people living together with an element of intimacy or community in the relationship. The exclusion clause protects the insurer against collusive claims brought by individuals living together in such relationships. The respondents did not enjoy that type of relationship with Naomi.
 
[7] There is ample evidence to support the application judge’s conclusion that Naomi was not relationship with her parents had and remained completely broken down and she had not“living in the named insured’s household” at the time of her injury. Her lived at her parents’ home since she had moved out or was evicted after her father’s sexual abuse conviction many years before her injury. She had established an itinerant life of her own and it was open for the application judge to find that she was “not living in the named insured’s household” at the time of her injury. 
 
[8] Accordingly, the appeal is dismissed. Costs fixed at $20,000 inclusive of disbursements and applicable taxes, as agreed to by the parties.
 
 “Robert J. Sharpe J.A.”, “David Watt J.A.”, “A. Karakatsanis J.A 
 

About Ottawa Injury Lawyer David Hollingsworth———————————————————————————————————— David Hollingsworth has been an Ottawa Ontario personal injury lawyer specializing in personal  injury representing Ontario accident victims since 1999. David practices with an established of 50 years of experience in representing accident victims, and helping personal injury accident victims and their families  get the compensation they need at an incredibly difficult time.  Visit www.ottawainjury.ca for more information. If you have a question, feel free to email david@ottawainjury.ca

mobile   (613) 978-9549      (613) 237-4922 ext.203 

 

Ottawa Injury Lawyer Ottawa , Law Firms in Ottawa, Ontario 

 

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Types of Spinal Cord Injury, Ontario Catastrophic Injury Lawyer

Ottawa Personal Injury Lawyer David Hollingsworth- Ontario Spinal Cord Injury Lawyer – Types of Spinal Cord Injury:

Introduction

A spinal cord injury or “SCI” refers to any traumatic injury to the spinal cord. SCI injuries are extremely serious because depending on the severity, they have the potential to impair your motor functioning ability, reflexes, and sensations.  

Complete vs. Incomplete Spinal Cord Injuries

SCI injuries can be classified as “complete” and “incomplete”. As the name entails, a complete SCI results in paralysis below the site of the injury, where there is no feeling or voluntary movement, and both sides of the body have become paralyzed equally. An incomplete SCI occurs when only one part of the spinal cord has become damaged (due to a tear, compression or other injury to the spine). Victims of incomplete SCI may still experience paralysis, but it will be generally partial in nature (as opposed to a complete SCI). In an incomplete SCI, some feeling and voluntary movement may be present on one or both sides of the body.

Incomplete SCI’s have become more common given relative advances in medical technology in recent history. An individual with an incomplete SCI may retain feeling in the affected area, but may still experience ongoing pain. The ongoing sensory agitation can be serious and debilitating, rending victim completely not able to function.

Each Injury is Unique and Requires Expert Attention

Some circumstances allow for more active therapy to help counteract any muscular atrophy by rebuilding muscle fiber to strengthen and support functioning. The complexity of the spine means that each and every spinal cord injury is unique and will require assessment by a team of experts, including a top lawyer trained to deal with Ottawa spinal cord injuries such as David Hollingsworth. David Hollingsworth and his Ottawa personal injury team understand the nature of spinal cord injuries. For over a decade, David has been helping  accident victims with spinal cord injury work through their lawsuit and get the compensation they need and whatever else this entails, including compensation for loss of income, a new home, and custom vehicle.

If you or a member of your family has sustained a spinal cord injury, please contact David Hollingsworth by e-mail or call 613 978-9549. David Hollingsworth, Ottawa spinal cord injury lawyer offers free consultations to discuss your case and explain how we can help you. David Hollingsworth, Ottawa personal injury lawyer- representing accident victims throughout eastern Ontario. Upon request, if you wish, you may speak with other spinal cord injury victims David has been able to help.

Ontario Spinal Cord Injury Lawyer, David Hollingsworth

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What is a personal injury? Compensation for injuries in Ontario.

David Hollingsworth-Ottawa Ontario Personal Injury Attorney , Ottawa Lawyer specializing in personal injuries…
 
What is a personal injury ? What compensation for injuries is there in Ontario?
 

 Some personal injuries are so severe that they are obvious, while others are not.  Some personal injuries are harder to see, as they are not visible, yet may be equally as painful and life-changing. The following personal injuries are the more common personal injuries, but do not include all..

 

motor vehicle accident injuries- car accidents, motorcycle accidents, boat accident, ATV accidents, snowmobile accidents, etc..

 

paraplegic injuries 

quadriplegic injuries 

spinal cord injury 

accident amputations -loss of  limbs 

brain injuries 

head injury 

whiplash injury 

orthopedic injuries (broken bones) 

lacerations, burns and scarring 

chronic pain 

fibromyalgia 

chronic fatigue 

pain and suffering 

other injuries resulting from an accident

The amount of compensation in Ontario to which an Ontario accident victim is entitled to varies.  There are a number of factors that go into determining compensation in Ontario such as severity of injury (physical, mental and psychological), future care and medical needs, loss of past and future income, need for ongoing house-keeping assistance, attendant care and caregiving assistance needs, to name a few.  An experienced Ontario personal injury lawyer can go through all of this with you and help ensure you get the maximum compensation to which you are entitled to.  Experienced Ontario personal injury lawyers work directly with medical doctors, social workers, psychologists, occupational therapists, physiotherapists, other treating health practitioners to  support you and ensure you are getting everything that  is needed.

About Ottawa Ontario Personal Injury Lawyer David Hollingsworth—————————————————— 

David Hollingsworth has been an Ottawa Ontario personal injury lawyer specializing in personal  injury representing Ontario accident victims since 1999. David practices with an established Ottawa law firm of more than 50 years of experience in representing accident victims, and helping personal injury accident victims get the maximum compensation they need at an incredibly difficult time.  David offers free consultations, takes cases on contingency  and travels to  homes or hospital. Visit www.ottawainjury.ca for more information. If you have a question, feel free to email david@ottawainjury.ca 

mobile   (613) 978-9549      (613) 237-4922 ext.203 

Youtube link LinkedIn link Facebook linkTwitter linkBlog link 

Ottawa Ontario Personal Injury Lawyers 

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Ontario Canadian Paraplegic Association Ottawa- Wine and Food Fundraiser, Ottawa Lawyer David Hollingsworth

Come Join the Canadian Paraplegic Association Ottawa Office’s Wine and Food Night in support of people in Ontario and Ottawa with spinal cord injuries ! 

I will absolutely be there and hope to see you there !-Ottawa Ontario Personal Injury Lawyer  , David Hollingsworth 

Thursday March 31, 7-10pm at St Elias Centre

This is a unique celebration of food and wine from Ontario and Quebec. Throughout the evening, guests will stroll from station to station sampling culinary delights from Ottawa restaurants & caterers (Vittoria Trattoria, Kiko Sushi, Chez Eric and Thyme and Again to name a few), while sampling wines from Prince Edward County and beer from Beau’s. With exquisite one of a kind items to bid on, prestigious guests and an alluring atmosphere, it is an evening not to be missed.

You will be proud to be affiliated with this exclusive evening while dignitaries, diplomats, government officials, lawyers, and members of Ottawa’s corporate and community leaders gather to bid on over 100 items in support of the Canadian Paraplegic Association Ontario (CPA). It will be a great opportunity for participants to mingle, network and to enjoy themselves while supporting a great cause. All proceeds will benefit the Canadian Paraplegic Association of  Ontario which offers programs and services to people with spinal cord injuries and other physical disabilities. 

Mission: Canadian Paraplegic Association Ontario

“To assist persons with spinal cord injuries and other physical disabilities to achieve independence, self –reliance and full community participation.”

  • Every week in Ontario 10 people experience a spinal cord injury. Ten people with families, friends, employers and educators – all of whom will feel the impact of the injury.  It can happen to anyone.
  • In Ontario, approximately 600,000 people or 7 % of the population, live with mobility impairment.
  • A spinal cord injury is one of the most catastrophic injuries and demanding health conditions. In addition to the challenging physical effects of a spinal cord injury, severe psychological and social effects (including social isolation, depression, suicide, substance abuse, and family break-up) can result after an injury. 
  • With the right support, people living with a spinal cord injury can reintegrate into the community and the workforce. The availability of CPA Ontario programs and services play a vital role in getting people with a spinal cord injury back into the community as contributing, participating members of society.

Individual tickets can be purchased by calling (613) 723-1033 ext 222 ($100 each until March 1 then $125), a partial tax receipt is issued.

Corporate table seating 8 can also be purchased for $1000.

The event would not be a success without the help and support of the Ottawa community. Please support this valuable cause by donating money or prizes to be auctioned off, sponsoring the event ( media package can be available upon request) and most of all attending ! For more information visit the CPA’s Ottawa website or call  (613) 723-1033 ext 222.

About Ottawa Ontario Personal Injury Lawyer David Hollingsworth——————————————————

David Hollingsworth has been an Ottawa Ontario personal injury lawyer specializing in personal  injury representing motor vehicle accident victims since 1999. David practices with an established Ottawa law firm of more than 50 years of experience in representing accident victims, and helping personal injury accident victims get the maximum compensation they need at an incredibly difficult time.  David offers free consultations, takes cases on contingency  and travels to  homes or hospital. Visit www.ottawainjury.ca for more information.

mobile   (613) 978-9549      (613) 237-4922 ext.203

Youtube link LinkedIn link Facebook linkTwitter linkBlog link

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Ottawa, Ontario spinal cord injury lawyer David Hollingsworth

Ottawa Personal Injury Lawyer David Hollingsworth- Ottawa Spinal Cord Injury Lawyer -

What are the different Types of Spinal Cord Injury?

Complete spinal cord injury-A complete spinal cord injury (SCI) results in paralysis below the site of the personal injury. This results in no feeling or voluntary movement, and both sides of the body are paralized equally.

Incomplete spinal cord injury-An incomplete spinal cord injury occurs when part of the spinal cord is damaged as a result of  a tear, spinal cord compression or other spinal cord injury. Accident victims with an incomplete spinal cord injury may experience partial paralysis. Some feeling and voluntary movement can be  on one or both sides of the body. Incomplete spinal cord injury has become more common, thanks to advances in treatments. A person with an incomplete spinal cord injury may have feeling return in the affected area, but will likely be in constant pain. The chronic pain can be extremely serious and debilitating, often leaving the injured  unable  to function. In most situations more active therapy helps to build strength and support function. Every spinal cord injury is unique.  David Hollingsworth and his Ottawa personal injury team understand this. For over a decade, David has been working with Ontario spinal cord injury accident victims with spinal cord injury work through their lawsuit and get the compensation they need not only for loss of income, , rehabilitation, a new home, modifications, custom vehicles etc…

If you or a member of your family has sustained a spinal cord injury, please contact me by e-mail or call 613 978-9549. David Hollingsworth, Ottawa personal injury lawyer offers  free consultations to discuss your case and explain how we can help you. David Hollingsworth, Ottawa personal injury lawyer- representing accident victims throughout eastern Ontario.

Ontario Spinal Cord Injury Lawyer, Ottawa Lawyer David Hollingsworth

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