Will Trial Lawyers 9th Annual CLE

Presented by Gary Will, B.A., LL.B.

• full compensation for future care
• supportive evidence establishing needs
• substantial possibility test
• attendant care provided by family
• building the case for future care
• impact of collateral benefits
• impact of technology

Presented by Carolyn Seaquist, CPA, CGA, CFF, BAccS

• unreported income and personal expenses on financial statements and their implications for proving damages
• family business: income splitting, unpaid or underpaid work performed by family members, ownership structures which do not reflect each family member’s contributions
• when net income does not decline post-accident; how to build income loss claims in light of the issues presented by family business structures

Moderated and presented by Robert Seredynski, Hons.B.A., J.D.

Presented by Dr. Shahzad Shahmalak; Dr. Anson Liu; Dr. Emily Gavett; and Dr. Sujay Patel

• benefits of OT assessments and how these reports bolster the diagnosis and impairment ratings of psychological assessors
• which witnesses to call, ‘will say’ statements and their expected probative evidence
• what is termed ‘clinical judgement’ and how is this applied; case study examples
• analysis of key case decisions both in favor of and against applicants
• what medical evidence is important in building a claim before the CAT assessment

This session contains 1 hour and 0 minutes of EDI Professionalism Content

Presented by Ellie Borden, BA, RP, MCC

• what is bias and validity in psychological testing and the role of raceless research on a racist system; why taking on a raceless approach fails to consider how race shapes and affects an individual
• the past, present and future of racial and ethnic bias in testing; how assessments ought to be conducted within the current scientific literature; what validity tests are culturally appropriate or culture-fair today; the ‘flyn effect’ and why it is significant to continuously make efforts in testing
• understanding adverse impact of test bias and cultural mistrust in legal contexts; client assignments, administrator matching and the importance of training the field on cultural competence
• challenging tests to minimize adverse impact by paying attention to cultural scripts and behaviour interpretations;

Presented by Roger Oatley, B.A., LL.B.

• elements of a persuasive jury closing

This Session contains 0 hours and 45 minutes of Professionalism Content

Presented by Andrew Murray

• AI assisted legal research tools
• use of AI for medical questions
• use of AI for drafting discovery questions
• use of AI for drafting blogs and emails
• AI generated medical summaries

Presented by Pamela D’Addario, M.A.Sc., P.Eng.

• human factors 101; the science behind where drivers look
• perception – response time
• automation and distraction
• nighttime visibility

Presented by Stephen R. Moore, LL.B., Mediator

• what works and what doesn’t work
• knowing the facts is not enough – you need to know how you will prove them
• ensuring you learn everything you can even if the mediation fails

Michael C. Ellis interview of Madam Justice Darla A. Wilson (COA)

• view from the bench on expert’s duty to provide fair, objective and non-partisan opinions
• state of the law

This Session contains 1 hour and 0 minutes of Professionalism Content

Moderated by Gary Will, B.A., LL.B.

Panel: Todd Archibald, Jay Rudolph, Bill McCorriston and Paul Torrie

• are in person mediations more effective?
• telling the story of mediation
• tips to ensure that mediation is successful
• presenting demonstrative evidence at mediation
• what to do when parties are entrenched and far apart
• when to follow up after failed mediation

Presented by Jodi Harendorf, BA (Psych), CCRC, CCLCP, CVRP

• manager’s crucial role and duties in coordinating and advocating for comprehensive care and rehabilitation of injured individuals
• coordination of care; facilitating referrals to appropriate therapists and medical specialists to address client needs and ensure continuity of care by coordinating between healthcare professionals, insurers, and community services;
• monitoring and adjustments; case management reports should summarize other clinicians’ reports and continue to outline/justify the need for ongoing services
• case management reports for trial: provides comprehensive foundation of medical evidence and expert opinions regarding the nature and impact of the injury and can assist with reducing the number of treatement providers called at trial
• challenges to case management service delivery and file management: funding limitations due to the SABS regime and the detrimental effect on client recovery and deterioration in condition; case management not approved until CAT determination which can also hamper evidence building

Presented by Dr. Brian Levitt, Ph.D., C. Psych

• this presentation is geared towards non-psychologists to enhance understanding with respect to validity testing
• the psychological method and how validity testing plays a role
• what is validity testing?
• common mistakes made when using and interpreting valicity testing
• best practices

Presented by Carol Bierbrier, B.O.T. ©, O.T. Reg. (Ont.), CCLCP

• definition of a Life Care Plan (aka Future Cost of Care)
• the pros and cons of embracing technology
• how technology can increase efficiency in preparing a Life Care Plan
• technology tools that change service delivery for individuals
• advances in assistive technology
• technology and attendant care

Presented by Dr. Dinesh Kumbhare, MD, Ph.D., FRCPC, FAAPMR and Dr. Michael D. Noseworthy, Ph.D.

• clinical presentation of concussion patients; why we need an objective measure
• what are DTI and MRIU and how can they help the clinical diagnosis of concussion
• case examples

Presented by Michael C. Ellis, B.A., LL.B.

• expert’s duty to provide fair, objective and non-partisan opinions
• state of the law
• trial strategies when dealing with expert opinion and bias

This Session contains 0 hours and 45 minutes of Professionalism Content

Moderated by Gordon Marsden
Panel: Oneal Banerjee; Eric Schjerning; Marcela Saitua

• practicing with civility in the courtroom
• complying with parameters for communicating with witnesses giving evidence
• avoiding and managing conflicts of interest as well as best practices for dealing the ethical dilemmas