Marc Quinn Receives OCSB Award

JUNE - 2009 - OCSB AWARD

In June, 2009, Mr. Quinn was recognized by the Ottawa Catholic School Board (OCSB) as a valuable volunteer and received the OCSB's Volunteers in Education Award in recognition of his significant voluntary contribution as a role model and educator to the students of the OCSB and the Catholic school community at large. Congratulations Marc from all of us at PQTLaw.

Mr. Justice Panet Remembered

The partners at Plant Quinn Thiele LLP are expressing their deepest sympathies to the family of Mr. Justice Panet. His Honour was a wise Judge but also a kind and gentle man, who garnered the respect of all who knew him. Given the great number of people who joined us today at the Notre Dame Cathedral Basilica, our sentiments are indeed shared widely.

Private Disability Insurer and Canada Pension Plan - Apply for Both?

Private Disability Insurer and Canada Pension Plan - Apply for Both?

If you become disabled because of illness or injury, you have the right to claim benefits from your private disability insurer and you should also apply for benefits under the Canada Pension Plan Act as a person who is disabled. Most private disability policies of insurance provide that you shall apply for C.P.P. benefits when granted or applying for benefits under the private policy. Most private policies of disability insurance will provide that any amount you receive from C.P.P. will be deducted from any amount paid to you under the policy. It is fairly clear that in most private disability benefit policies of insurance, when you receive disability insurance benefits, you must use all reasonable efforts to apply and obtain C.P.P benefits. If you do not, rightly or wrongly, your insurance company will deduct what you might have gotten from C.P.P. from the amount they give you.

The rules pertaining to C.P.P. disability benefits and entitlements change and the definition of disability is very specific. Therefore, it is imperative that when you apply for benefits, your treating physician provide a report which specifically addresses the test of disability under the disability benefits provisions of the Canada Pension Plan Act. Your disability must be severe and prolonged and render you unable to work.

The amount of the disability benefit form C.P.P. varies, depending on past contributions and the time you apply and are entitled to benefits. The amount we see paid regularly is about $600-$750 per month.

When the medical evidence provided to C.P.P. is not “good enough”, it usually means that the medical evidence is unclear, is subjective or does not meet the definition as described by your physician or based on the medical evidence filed to date. If you are denied C.P.P. disability benefits, you have the right to appeal and submit new evidence. If your private insurer denies you benefits, you have the right to sue them.

If you are denied CPP disability benefits, ensure that you file you appeal in time and obtain legal advice from our PQT Law Disability Law Group. It is critical to file appeals until you are successful. It is vital to obtain clear medical evidence that addresses the legal test for disability. Whether your private insurer has denied your claim of C.P.P. has denied your claim, contact Plant Quinn Thiele LLP for free legal advice - 613-563-1131 (Todd K. Plant or Marc-Nicholas Quinn).

Insurer's Claim Dismissed for Accidental Fire

In a recent Superior Court decision, an apartment building burned down. The insurer's expert gave an opinion that it was "most probable" that the tenant caused the fire by smoking on his couch and falling asleep, although other causes could not be eliminated altogether. The insurer sued the tenant. The claim was dismissed on the basis of the Fire Prevention and Protection Act which provides that no claim can be brought as a result of an accidental fire. The Court, relying on previous authorities, determined that a fire will be deemed "accidental" if it cannot be traced to a particular cause on a balance of probabilities. As the insurer could not establish on a balance of probabilities that the tenant was smoking or engaged in careless smoking, the claim against the tenant was dismissed. At Plant Quinn Thiele LLP, we afford our clients a vigorous defence against claims advanced by insurance companies. For a free consultation regarding your insurance or fire loss case, contact Todd K. Plant, 613-563-1131. Ottawa Personal Injury and Fire Loss Lawyers, www.pqtlaw.com

What is my injury case worth?

How much is my case worth?

There are numerous considerations and factors that enter into the valuation of your personal injury claim for settlement purposes. Some of the important factors include: (a) how long you need medical treatment for your injuries, (b) the nature of the injuries and treatment you received and will continue to receive, (c) the length of time you continue to experience pain and suffering, (d) the extent of your personal injuries, (e) the permanency of your injuries, and (f) the impact of your injuries on your life - physical, social, cultural, economic, mental, psychological, etc... These are some examples. At Plant Quinn Thiele LLP - Injury Lawyers, we will complete a full assessment of your injuries and even retain the assistance of experts ( at our initial cost ) whenever needed to help value your claim and assess damages. Contact us today at 613-563-1131. Marc-Nicholas Quinn. www.pqtlaw.com

Assaulted - Need an Ottawa Injury Lawyer?

ASSAULT IN OTTAWA - NEED A PERSONAL INJURY LAWYER REPRESENTING VICTIMS OF CRIME?

The Ottawa Personal Injury Law Firm of Plant Quinn Thiele LLP represents victims who have suffered from all types of injuries, including victims of battery (physical attack) and assaults (actions causing someone to feel fear). If you were battered or assaulted, we will aggressively and vigorously pursue your case with you and help you obtain fair compensation for your injuries. As an injured person, you have the right to claim damages form the person or persons who assaulted you and also claim compensation from the Criminal Injuries Compensation Board. We can help you obtain compensation and damages for your physical and emotional injuries.

If battered and /or assaulted, it is very important to contact a lawyer right away so that we can help you determine what evidence is needed, what evidence can be preserved, what limitation period(s) applies to your case and start pursuing the person or persons responsible for your injuries. Whether you are assaulted by a friend, spouse, family member, the police, security guard, neighbour, at a night club, at the office, in the street or at home or during the commission of another criminal act, we can assist you.

As in most personal injury cases, when assaulted, it is vital that the incident be comprehensively investigated right away and that you obtain evidence before it disappears such as videotape evidence, witness statements, police reports and photos of the physical injuries. We can help with protecting your rights. Contact Marc-Nicholas Quinn at 613-563-1131 - we can help you start your recovery from the assault and obtain compensation and justice. Www.PQTLaw.com Ottawa Injury & Assault Lawyers.

PQTLaw Personal Injury Team Settles Nearly 1 million in May-June, 2009

In May and June, the PQTLaw slip and fall and MVA team successfuly settled or adjudicated nearly 1 million dollars in settlements. Examples are as follows: MVA $105,000; MVA Accident Benefits $35,000; MVA $150,000; Slip and Fall $150,000; Simple Injury $25,000; Contract Breach $12,000; Broken Leg $90,000; Broken arm $65,000; FLA claim $50,000.

Need an Ottawa Dog Bite Lawyer?

Why Use an Ottawa Injury Lawyer - Dog Bites?

The reasons we recommend that you use the services of an Ottawa personal injury lawyer include the fact that at Plant Quinn Thiele LLP, our lawyers are specifically trained to deal with dog owner’s liability claims. You need an Ottawa injury lawyer who has experience and knowledge of the claims environment and process in dog bite cases to ensure fair and adequate damages are paid to you. Without proper legal assistance, your claim may be denied or you may receive much less than you deserve. There are strict laws affecting dog owners in Ontario and handling a dog bite case can be legally complex. We can help you receive the compensation you deserve and ensure the matter is settled to your full satisfaction. We offer you a “No Fee Unless We Win” agreement that means we take on your claim without being paid until you win - we only get paid if you do.

At Plant Quinn Thiele LLP - Dog Bite Lawyers, we are not stuffy, elitist and none responsive, we are real people who are lawyers who wish to help those injured in Ontario. We are accessible and willing to listen to your story. Call Marc Nicholas Quinn at 613-563-1131 for a free consultation.

Family Mediation Before Divorce?

Family Mediation Before Separation and Divorce?

Family Mediation is a process in which persons, usually spouses, attempt to reach agreement on issues which involve their family. The mediator is a neutral person who has obtained special skills and training to assist people understand the issues that arise in their situation. Mediation is not limited to spouses who are already separated. Family Mediation is a valuable tool for spouses who are contemplating separation but have not yet made the final decision to separate and divorce.

Family Mediation is a process that can assist all types of conflicts. For instance, Family Mediation can be used to settle disputes over inheritances, teen conflict, grand-patent or in-law conflict, sibling conflict, neighbour disputes, etc... In essence, if there is conflict, a Family Mediator can usually be of valuable assistance.

When considering using Family Mediation as a process to resolve conflict in situations where you are not yet separated, it is important to remember that Family Mediation is not counselling. Couples who wish to attend Family Mediation prior to making a final decision to finalize a settlement, should also attend counselling. Counsellors are specially trained to deal with marital conflict on an inter-personal level. Family Mediators are trained in the process of conflict resolution and cannot act as counselling, marriage or otherwise.

Remember, Family Mediation is a proven tool that assists couples deal with the issues arising out of separation and divorce. As Family Mediator, Marc-Nicholas Quinn can assist you in reaching agreement regarding: custody, access, child support, special and extraordinary expenses, spousal support, debt, property division, possession of the home, costs, etc... Marc-Nicholas Quinn is well trained as Family Mediator and can provide you with the needed legal information (not legal advice - this is provided by your lawyer) concerning many aspects of your separation and divorce.

Whether you have or have not decided to finalize a separation or are already in the middle of litigation, it is never too late to stop and embark on Family Mediation. Call Marc-Nicholas Quinn if you are interested in Family Mediation. www.ottawamediationservices.com --- 613-563-1131.

Insurer Ordered to Defend and Pay for Independent Lawyer

The Plaintiff sued the Defendant for injuries arising from an alleged assault. The Defendant had homeowner's insurance, but an assault would be considered an "intentional act" - which is not covered by the insurance policy. However, the Court agreed that the insurer had to defend because the Defendant was claiming a defence of "self-defence" - which is not considered an "intentional act" for the purposes of determining whether the insurer must defend. As well, given that there was a conflict between the insurer and the Defendant regarding coverage, which depended upon an aspect of the Defendant's own conduct, he was entitled to an independent lawyer at the insurer's expense. For a free consultation regarding your personal injury or insurance case, call Todd K. Plant at 613-563-1131, Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers, www.pqtlaw.com

$95,000 Awarded in Ottawa for Soft Tissue Injuries

In the case of Watts v. Donovan, Justice MacKinnon awarded general damages of $95,000to the Plaintiff for injuries from her car accident. The Plaintiff suffered from whiplash, headaches, soft tissue injuries, chronic pain and chronic fatigue. The Plaintiff was limited in her capacity to engage in regular physical activities and had to pace her daily tasks to manage her pain. For a free consultation regarding your motor vehicle accident case, call Todd K. Plant at 613-563-1131at Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers, www.pqtlaw.com

Court Finds Insurer Waived Breach of Statutory Condition

In a case recently upheld by the Ontario Court of Appeal, the driver in a car accident had an elevated blood alcohol level and the passenger was seriously injured. The passenger brought an action for damages. The insurer unsuccessfully sought to limit the passenger's recovery under insured's policy on grounds insured breached statutory condition of her policy (blood alcohol level) which voided third party liability coverage. The Court held that the insurer's interpretation of policy was correct but that insurer's conduct from January 2002 to August 2005 amounted to waiver by conduct of insured's breach. For over three years, the insurer did not raise the potential coverage issue. In the context of the insurer electing to defend the action and taking many steps with respect to its defence over a three year period, it was obvious that passenger would be prejudiced if insurer was allowed to raise coverage issue three years into the action. For a free consultation regarding your motor vehicle accident claim, call Todd K. Plant at 613-563-1131. Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers, www.pqtlaw.com

Mediation - Why it Works - Ottawa Family Mediation

Mediation - Why it Works

When a marriage or relationship ends, the spouses must reach agreement on many issues, including property division, allocation of debt, security, home, spousal support, child support, child custody, parenting and access. In family mediation, you can privately settle all issues arising out of the dissolution of a marriage or relationship. Increasingly, spouses are turning to family mediation as a means to avoid the high costs associated with the more public and formal legal process of a divorce application or court application. Family mediation is a low-cost alternative to litigation which allows the parties to take control of the process by which they will resolve the issues arising out of separation.

Divorce can often lead to a loss of contact between parents and children. At family mediation, you can discuss and resolve issues such as the potential negative consequences of reduced contact between parent and child. Studies have shown that cooperation between the former spouses on parenting issues, despite the separation, can reduce the negative effects of the divorce on children. Most parents agree that this is important to them. Their children are what is most important.

Because parents value and cherish their children, family mediation has emerged in recent years as a much more suitable alternative to court proceedings. Mediation can be more effective in resolving issues, is less expensive, is focussed on direct client resolution that fits the family and can effectively prevent many custody disputes from developing into all out court battles which financially, emotionally and psychologically drains the family.

Contact Marc Nicholas Quinn, Ottawa Family Mediator to discuss how mediation can work for you. 613-563-1131.

Injury Law - Post-Traumatic Stress Disorder (PTSD) and Depression

Injury Law - Post-Traumatic Stress Disorder (PTSD) and Depression - Suffering a traumatic injury can have serious and long-lasting implications for an injured person’s health and recovery. In many cases, our clients suffer an initial traumatic injury and subsequently develop post-traumatic stress disorder (PTSD) and depression. It is very common for injured persons to also suffer from post-traumatic stress disorder (PTSD) and depression. It is also common for injured persons who also suffer post-traumatic stress disorder (PTSD) and depression to take longer to return to work. This additional loss in income is compensable and a claim for compensation can be advanced together with other types of damages such as pain and suffering damages.

We have seen clients develop post-traumatic stress disorder and depression as long as one year after the initial accident causing the injury. Both disorders impair activities of daily living, health, and ability to return to usual activities, including returning to employment.

There is treatment for post-traumatic stress disorder (PTSD) and depression such as psychotherapy and collaborative care interventions. Usually, but not always(depending on the particular treatment), OHIP will cover the cost of the treatment. If OHIP does not cover the cost, the cost can be claimed against the person responsible for the initial injury sustained. It is important to note that not all physicians know much about post-traumatic stress disorder (PTSD) and depression and effective screening and intervention is the key to identifying if you suffer from post-traumatic stress disorder (PTSD) and/or depression and receiving the needed treatment.

At Plant Quinn Thiele LLP, we focus on personal injury and we review issues such as post-traumatic stress disorder (PTSD) and depression and how it affects the damages you are entitled to receive. Call Marc-Nicholas Quinn at 613-563-1131 to find out more about what we can do to help you as an injured person in Ottawa or anywhere in Ontario.

Pre-Litigation Discovery

With any defective product case, the insurer may wish to examine and test the defective product before entering into settlement negotiations. The insurer would have that right should the matter be litigated, but there remains the concern about preserving the evidence for your own expert. This can be remedied by having the insurer agree to turn over the raw data of its testing, for use by your own expert. It is also helpful to bind the insurer to this round of testing being its final one, and that they do not get a "second kick at the can" under the discovery provisions of the Rules of Civil Procedure should the matter be litigated. These ground rules can avoid later misunderstandings and often lead to early settlement of the case without litigation. Contact Todd K. Plant regarding your defective product case at 613-563-1131, Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers, www.pqtlaw.com

We are divorced, now what?

We are divorced, now what?

Each marriage is different. All divorces are different. If you have children, how you survive a divorce depends significantly on how you and your spouse are able to communicate following a mediated divorce.

At mediation, the significant issues between you and your spouse get resolved: Who gets the kids? When can I see the kids? What terms of access will I have? Who gets custody? What is custody? Will I get support for me? Support for the kids? How do we parent following our divorce? What about the house, do we sell it? What about our stuff, who gets it? How do we divide our assets? Who stays in the home while it is listed for sale? Who pays the debts? These issues can be resolved at mediation.

Divorces rarely end the relationship if children are involved. Once the terms of the divorce are finalized, with children, you still must maintain regular contact with the other party. Often, even if there are no children, contact continues. For instance, you may share mutual friends or work for the same employer.

At first it may seem impossible to believe that you can have a positive relationship after a divorce, because of the high tension, stress and acrimony felt during the process. It is difficult to imagine that you can maintain a working relationship after divorce. It is possible and many couples manage their relationship, especially when children are involved. In mediation, you can focus on post divorce relationship between you and your former spouse and your children; you can set ground rules for a respectful child focussed post divorce relationship.

Divorce is a painful and complicated process. As you consider starting a mediated, cooperative process, there are several factors to consider when looking at the post divorce relationship. There are logical, rational ground rules that may be established to assist you after divorce. For some people interacting together after divorce just makes sense and the process take on its own life. For others, communication skills training is the key. For others, having very clear boundaries is important (when you can call the kids, where you stay when you pick-up the kids (at the door, in the driveway), etc...). Children are the integral part of any relationship, before and after separation; parents share a common bond - they love their children. Most often, if you start with the premise that most decisions should be made in the best interests of the children, the terms of the ongoing relationship between spouses simply work out, with a little help from a trained mediator and an open good faith discussion.

We find the following questions are helpful: Do you agree that your children are worth the effort of arriving at a positive post divorce relationship? Consider the other option, no relationship or a negative relationship? Can you maintain some fundamental trust in each other to commit to maintaining a positive relationship for the sake of your children? Are you realistically able to work together after divorce? Do you recognize that you will each make mistakes and commit to work hard to overcome those mistakes?

If you answer positively to these questions, your mediator that can support you in achieving a successful transition to a positive post divorce relationship. Remember that the negotiation process itself will take time and probably many sessions. One of the benefits of mediation is that it is customizable to fit your circumstances and often referral to good counsellors if the key. As mediator, we can assist in developing the most efficient process for you.

Finally, remember that you are not alone. As mediators, we have worked with many couples who have successfully developed rules to guide their post divorce relationship. We have experience in what works and what does not work. We can provide guidance and options and open a positive discussion towards resolution of your particular issues. If you believe mediation is for you, call Marc-Nicholas Quinn, Mediator, Lawyer and Author - Plant Quinn Thiele LLP - 613-563-1131.