Publications

This paper discusses how even though the subject of pain remains an elusive and controversial one, there has been a growing recognition in recent years of pain-associated conditions such as Chronic Pain, Fibromyalgia and Chronic Fatigue Syndrome. The paper observes…

The Nature of the Case S.E. underwent a total gastrectomy. Afterward, instead of recovering normally, S.E. experienced severe, debilitating abdominal pain, drastic weight loss, chronic diarrhea and nausea – along with numerous other symptoms. Because S.E. had suffered from serious…

H.K. a 21 year-old man drowned in front of family members in Lake Ontario, during a day when it was unsafe to swim in the water due to currents and high waves. Despite other near-drownings just prior to his death,…

The Accident K.R., a 42 year-old woman in the prime of her life and career, was struck while training on her racing bicycle. K.R., an elite triathlete was training when she was struck from behind by a driver asleep-at-the-wheel. Unconscious…

The Accident P.D., a 37 year-old man, was struck by a vehicle at a distance from an intersection. The driver stated that P.D. was not seen, it was too late to stop and an accident was unavoidable. When the car…

This paper discusses the “Lost Years” claim in personal injury cases, detailing the innovative thinking that has gone into transforming non-pecuniary damages into pecuniary ones. Introduction A discussion of damages would be incomplete without a reference to the Trilogy of…

Introduction In R v. Abbey1, Dickson J. held: Witnesses testify as to facts. The judge or jury draws inferences from facts. With respect to matters calling for special knowledge, an expert in the field may draw inferences and state his…

The Accident: M.W. was crossing the road as a pedestrian, near an intersection, where he was struck by an oncoming car. M.W. died as a result of injuries sustained. The driver who hit M.W. was impaired at the time of the…