Andrew Murray's Archive

“A huge thank you”

“A huge thank you to you and to Andrew for all your assistance with this matter – I really appreciate the assistance, expertise and kindness you have both shown me!” S. Chapman, Wingham ON...Read More

“To this day you are appreciated”

“It has been 6 years now since my injury. Time moves ahead!! I just wanted to let you know that many times I think how thankful I was to have had you as my lawyer . You gave us so much support and direction over those hard couple of years and to this day you […]...Read More

Catastrophic Impairment: How to rate overlapping impairments

I had the privilege of acting as counsel in Allen and Security National, before ADR Chambers Arbitrator Alan Smith and again on appeal to Director’s Delegate Lawrence Blackman.  In an important decision, released July 6, 2016, Mr. Blackman clarified the proper way to rate impairments when determining an individual’s whole person impairment, saying:  ” A […]...Read More

Andrew Murray quoted in Recovery Magazine discussing accident victims and chronic pain

In his article, Donalee Moulton explores the challenges faced by accident victims who suffer chronic pain. Andrew Murray is quoted saying “They expect there is an absolute answer for everything. When that is not there, they judge more harshly. The environment for claimants is getting dramatically more difficult.”...Read More

Andrew Murray quoted in Recovery Magazine discussing Adverse Cost Protection

In her article “More Power to the Plaintiffs”, Kim Arnott explores the implications of adverse cost protection. In the article, Andrew Murray is quoted saying “To the extent that this protection might create more trials to be held, that might be good in terms of continuing the development of our case law,” he says....Read More

Catastrophic Impairment is STILL a Label, Not a Benefit

This blog is a footnote to a related blog, Catastrophic Impairment is a Label, Not a Benefit, posted April 21, 2015, in which I discussed the Divisional Court decision in Do v. Guarantee (“Do”), which held that the two-year limitation period governing the denial of a benefit had no application when the issue in dispute related […]...Read More

Andrew Murray receives Certified Specialist designation

Lerners is pleased to announce that Andrew Murray has been Certified as a Specialist in Civil Litigation by the Law Society of Upper Canada.  The Certified Specialist Program recognizes members of the Law Society who have met established standards of experience and knowledge requirements in one or more designated areas of law and have maintained […]...Read More

Significant Erosion of Accident Benefits

The Government of Ontario, in a surprise announcement contained in its budget, included a promise to drastically cut statutory accident benefits. The promised cuts to benefits include: a tightened definition for the test for catastrophic impairment so that it can be “consistent with more up-to-date medical information and knowledge;” a reduction in the limits available […]...Read More

Catastrophic Impairment is a Label, Not a Benefit

The Divisional Court has answered a question that has long plagued lawyers and the claimants who submit an Application for Catastrophic Impairment (OCF-19) claiming they suffer from a catastrophic impairment.  If the insurer denies that application is there any time limit surrounding the commencement of dispute proceedings? In The Guarantee Company v. Dong Do, 2015 ONSC 1891 […]...Read More

The Imperfect Plaintiff (or why our clients are like the Kardashians)

Acting for injured accident victims for more than two decades has taught me a lot.  It has certainly taught me a lot about the human condition.  By definition, the human condition contains frailties, idiosyncrasies, illnesses, poor judgment, and bad luck.  Not one of us comes with a clean and pure slate.  This isn’t the first […]...Read More

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