Howie, Sacks & Henry LLP

When and Where Are Motorcycle Accidents Most Likely To Happen?

By being aware of risky times and places to ride, you can help prevent a serious injury or even save a life.

A Comprehensive Guide to Long-Term Disability Claims in Ontario

If you are suffering from medical conditions that prevent you from working, are experiencing unreasonable delays in getting your disability benefits approved or have received a letter denying your benefits, you still have options.

A Guide to Nursing Home Abuse Cases in Ontario

If you believe your loved one may have experienced abuse in a long-term care setting, you probably have many more questions than answers. Chief among them would be “Where do I begin?”

How to Report and File a Lawsuit for Nursing Home Abuse

Read about the steps involved in reporting and filing a lawsuit for nursing home negligence while also highlighting the emotional toll of discovering and healing from this traumatic event.

Signs of Nursing Home Negligence You Should Not Ignore

Many people who discover their loved ones have suffered from abuse or neglect in a long-term care home experience the same kind of painful realization.

“Location, location, location”: Who has jurisdiction over cross border motor vehicle accidents?

Read the overview of relevant case law on cross-border motor vehicle accidents (MVAs) involving Canadian plaintiffs who were injured in the United States.

Injured while chasing the sun: Considering cross-border motor vehicle accident claims

Canadian snowbirds should carefully weigh how to proceed in order to obtain maximum benefits and/or compensation for damages. Consulting an experienced Canadian personal injury lawyer, on their own or as co-counsel with an American attorney, can make a real difference in accessing funds to assist in your recovery.

What Canadian Snowbirds Need to Know About Motor Vehicle Accidents in the United States

Without proper guidance from an experienced lawyer, snowbirds may find themselves leaving potential compensation and benefits on the table.

The Dangers of Lithium-Ion Batteries

Unfortunately, given their newfound prevalence, there are risks associated with lithium-ion batteries and a number of fires have been recorded in spite of the built in safeguards that should prevent combustion and explosion.

A Motor Vehicle “Incident” or “Accident”? LAT Rules in Favour of HSH LLP Client

Recently HSH assisted a client who suffered injuries from falling against a metal door while alone in the back of a police van. Although the client sustained her injuries as a passenger in a motor vehicle during its normal operation, the SABS insurer denied her application for benefits by suggesting the operation or use of the vehicle was not the direct cause of her injuries.

Deducting Accident Benefits From A Tort Award: What Should A Jury Know?

Should a jury hear about what compensation a car accident victim has received to date? Would knowing such information be probative or prejudicial when they discuss the damages they will award?

What Should I Do If My Loved One in a Long-Term Care Home Has Bed Sores?

In this blog post, I explain how bedsores occur, outline the different stages of bedsore development, and offer tips on what you should do if you discover a loved one in a long-term care home has developed these terribly painful wounds.

Dealing With A Debilitating Condition: Post-Concussion Syndrome

Concussions have often been described as being a silent epidemic: ‘silent’ because they often go unrecognized, and an ‘epidemic’ because they cause widespread disability and morbidity in the general population.

Finding the Right ‘Work/Work’ Balance

You might think that’s a typo there in the title. Doesn’t everyone talk about work/life balance? True, but many key strokes have already been spent on that topic. I would rather talk about the new work/work balance – that is, the balance between working remotely and working at the office.

The Modern Mentor

At its most basic, learning takes two forms – figure it out yourself by trial and error, or find someone who has already made those errors to teach you.

Passion and Purpose: Advice for Aspiring and Young Lawyers on Building a Rewarding Career in Personal Injury

Let's face it. You have it a lot harder than I did. There is no way I would have gotten into law school at the University of Toronto with my undergrad marks and lack of any real community involvement and volunteer activities if I was applying today.

Long-Term Disability Series: Physical Injury and Its Effects on Mental Health

In this blog post, I explore common psychological responses to physical injury; offer some strategies to mitigate the emotional pain that may follow; and, explain the importance of long-term disability benefits to help accident victims work through these issues.

Long-Term Disability Series: Extended Work Hours, Shift Work and Personal Health

It’s been said that “what we do during our working hours determines what we have; what we do in our leisure hours determines what we are.” But what happens when our working hours have a detrimental effect on our leisure hours?

Personal Injury Claims for Children

We can all agree that our children are the most precious treasures we have in life. That’s why we do everything we can to keep them safe and out of danger. No matter how hard we try though, we can’t always prevent injuries and accidents from happenin

Late onset motor vehicle accident injuries

In one terrifying moment, a motor vehicle accident can change your life and that of your loved ones. Millions of people get hurt in car accidents each year, causing wide-ranging injuries. Some signs and symptoms of injury are immediate, but others may not arise until several days or weeks following the accident.

I Think My Child Suffered a Birth Injury 20 Years Ago. Is It Too Late to Start a Lawsuit?

The decision by a parent to investigate the events surrounding the birth of their special needs child can be extremely difficult. The mere thought that a child‘s disabilities could have been prevented is often never raised.

Key Difference Between Error of Judgment and Negligence in Medical Malpractice Law

You’re under the care of a medical professional, they’ve seriously misjudged the situation, and you’ve experienced a serious injury or loss as a result. Is this a textbook case of medical malpractice? Should you be able to be compensated for your injuries?

What to Look for When Hiring a Medical Malpractice Lawyer

You got hurt while under the care of a physician. You have a strong sense that the injury was caused by their negligence and that you have a possible lawsuit to pursue. But so many other questions and concerns, swirl around in your head. What you know for sure is that fighting this complex battle alone is not the answer. You need help.

Genetic Testing in Birth Injury Claims – Does it Clarify or Confuse?

Is my child’s developmental delay due to a genetic flaw or was it caused by a lack of oxygen during labour? Is it a result of a genetic mutation, or mismanagement of my labour by my obstetric care-providers?

I have ongoing health issues after getting COVID-19. Can I file a long-term disability claim?

For anyone struggling with ongoing health issues due to COVID-19, work might not only be difficult, it may be nearly impossible.

Am I eligible for mental health disability benefits due to COVID-19?

By now we know that the coronavirus can impact the long-term physical health of those who have contracted the virus. But we’re also learning that the pandemic can directly or indirectly cause or contribute to lasting mental health issues to

I had COVID and I’m still feeling the effects. Can I make an LTD Claim?

Claims against employment lawyers have increased since the pandemic, according to LawPro (the professional indemnity insurer for lawyers in Ontario).[i]

How Your Occupation May Lead to Asbestos Exposure and A Mesothelioma Cancer Diagnosis

It’s a familiar refrain you hear from people who are unhappy with their jobs: “I’m so sick and tired of working here.” But some people, even those who absolutely love what they do, might eventually find themselves saying something else: “Working here is making me sick and tired.”

Veterans’ Advocate in the Fight of His Life

Having served in the Canadians Armed Forces for 10 years, John Dowe has witnessed combat firsthand. But the veteran is in a fight of a different kind today.

Plane Crashes Aren’t the Only Cause of Airline Injuries

The dramatic malfunction of a United Airlines passenger jet engine that caught on fire before falling in pieces onto a residential neighbourhood is a reminder of the many potential perils of air travel.

Think Bullying Is Just For Kids? Older Adults Experience Bullying Too

Try to picture “bullying” in your mind. What do you see? Perhaps you envision an older child pounding his fist in his hand demanding lunch money from someone smaller and younger. Maybe you imagine a group of children whispering, laughing and pointing at another child for being different.

Nursing Home Negligence: The Importance of Air Conditioning for Seniors

Our world is getting warmer. In the depths of a frigid Canadian winter, that may not seem like such a bad thing. But the effects of global warming are uneven and largely undesirable.

Understanding the Impact of Nursing Home Negligence on Mental Health

Deciding whether to move a loved one into a long-term care home is never easy - even if the admission is a medical necessity. Although the care the facility provides may ultimately be an improvement over what your loved one experienced living independently, the transition can be stressful for both them and you.

Comparison of Old and New LAT Rules

On August 21st the License Appeals Tribunal (LAT) will be amending their rules to include important changes related document disclosure and the powers of the LAT for failure to comply.

Roadside Testing: the tools and their challenges

With cannabis legal, the government has taken steps to toughen laws targeting drug-related offences, including selling and distributing cannabis to youth and driving under its influence. The need to regulate cannabis on our roads has become a significant priority.

Patel v RSA – Woman Found CAT under the New Section 3.1 (1) – The LAT’s First Commentary on the New Section

In Patel v RSA Insurance, released on February 10, 2020, HSH lawyers David Levy and Daniel Fisher were successful in an Arbitration over entitlement to Catastrophic designation.

Will Changes to the Rules of Civil Procedure Create Efficiencies or Road Blocks?

As we envision a world where in person litigation events again become possible, our Court system in Ontario is confronted with some important choices regarding the manner in which various litigation steps will proceed.

A Roadmap For Parents Considering a Medical Malpractice Lawsuit

It is very unsettling to be confronted with the thought that your child may have suffered harm at the hands of a medical professional in whom you put your trust.

Slipping and Falling in Ontario

“Slip/trip and fall” incidents happen all too often. But, once you’re able to pull yourself up and brush yourself off, if your injuries don’t dissipate quickly, you should know that you may have recourse.

When Does Tough Coaching Cross the Line Into Abuse?

As a sport, gymnastics is uniquely focused on young athletes. Competition can favour the smallest, lightest and most flexible athletes and often gymnasts peak at a young age. Young athletes must train intensively to reach their highest potential during the period of optimal competitiveness.

Some Severe Injuries Resulting From Car Accidents and The Importance of Accident Benefits

Every year in Ontario there are over 30,000 car collisions where roughly 50,000 drivers, passengers, cyclists and/or pedestrians suffer personal injuries.

American Truck Drivers Involved in Accidents in Ontario

When you drive across the border into the Great White North, you probably notice that some things are just a bit different. Perhaps you’ll encounter the occasional ‘Stop’ sign that says ‘Arrêt’. When you fill up your tank you’ll count litres instead of gallons.

The Elephant on the Road: Truck Accidents and Personal Injury

In this blog post I review common causes of truck accidents, the commercial motor vehicle law and inspection regulations designed to reduce the risk of truck accidents, and safety recommendations for drivers of smaller vehicles sharing the road with these elephant

What Canadian Snowbirds Need to Know About Motor Vehicle Accidents in the United States

Canadians who winter in Florida and other warm weather states may feel like the USA is a ‘second home’ but you should know that there are key differences in our two countries’ legal systems, especially when it comes to dealing with the consequences of a motor vehicle accident.

Pedestrians – Be Visible and Stay Safe in Low Light Conditions

Most Canadian pedestrians are familiar with the challenges of walking on snow and ice-covered streets, but everyone should also be aware of the risks of walking in low-visibility conditions.

7 Safe Driving Tips To Remember As Children Go Back to School

It is almost Labour Day, and many Canadian families are counting down to those first exciting days of the new school year.

Distracted Driving – Don’t Let It Happen to You

On my recent summer driving trip, I was shocked to see the number of drivers who still use their cell phones while driving. I even saw a person applying makeup while driving.

Unexpected Dangers: Malfunctioning Automatic Doors

Throughout our everyday life, we encounter automatic doors on a regular basis. Automatic doors are so common that we might not even notice them. We take it as a given that automatic doors will work properly and safely.

Exciting Advancements in Treatment for Paralyzed Individuals: Humboldt Bronco Receives Experimental Spinal Surgery

One of the hockey players that was left paralyzed from the chest down after last year’s tragic Humboldt Broncos bus crash recently underwent an experimental spinal surgery that has already helped restore some of his ability to move his legs.[1]

Preparing Yourself and Your Client for Discovery: A Plaintiff’s Perspective - Part 2 & 3

Though preparation is the key to conducting a successful discovery and the key to ensuring that your client is able to put his or her best foot forward during the discovery process. The following is a list of quick tips to help get you ready to discover the defendant and to prepare your own client for his or her examination for discovery.

Preparing Yourself and Your Client for Discovery: A Plaintiff’s Perspective - Part 1

Though preparation is the key to conducting a successful discovery and the key to ensuring that your client is able to put his or her best foot forward during the discovery process. The following is a list of quick tips to help get you ready to discover the defendant and to prepare your own client for his or her examination for discovery.

Traumatic Brain Injuries and Motorcycle Accidents

Traumatic brain injuries are often called a “silent epidemic” because they can be very challenging to identify, even by skilled medical professionals. Concussions are the most common form of TBI and they can potentially more serious than a person might initially suspect.

What’s Next After Court Affirms There Are No Limits to Family Law Act Damages for the Loss of a Close Family Member?

Twenty-four year old Alisha Lamers died as a result of a house fire – she was trapped in her Toronto basement apartment in the early morning hours of November 20, 2013. Due to the negligence of her Landlord, she could not escape: the windows were barred, the smoke alarms were not functional, and the only exit was engulfed in flames.