parents. Although Joe still had someongoing physical and cognitive issues,he was extremely self-motivated andcontinued working with his therapistsand rehabilitation team to reach hisultimate goal of living an independentlife again.

Today, Joe is working full-time as anaccountant with his previous employer,driving, playing ice hockey in a localleague and playing the drums in a band.In the fall, Joe will be moving into hisnew home that he recently purchased.Thanks to the wonderful care of thehealth care team at St. Michael’sHospital, Toronto RehabilitationInstitute, the rehabilitation team set upby his legal counsel, as well as thefamily and community support Joereceived on a daily basis; Joe’s story is,to use the words of his case manager, “amodern day miracle“.

There are no courses that prepare aperson who has just suffered a spinalcord injury for what they are about to gothrough. In addition to a physical injury,damage to the spinal cord also involvesan intense psychological injury.

With the proper help from a trainedpsychologist, from family members,and perhaps from someone who “hasbeen there” an injured person can startthe psychological healing process

almost immediately. We all experienceloss in our lives and we all react to thatloss in different ways. The human mindis incredibly resilient and has an almostuncanny ability to adapt.

There are generally three stages in thepsychological recovery process. Thefirst stage of the process is shock anddenial. During this period the injuredperson minimizes the consequences ofthe event and its importance. Thisdenial stage is a protective mechanism.The injured person only allowshimself to feel what he can toleratewithout being totally overcome withemotional suffering. Generally, duringthis period a person’s emotions arefrozen.

The second stage occurs when theperson acknowledges there has been apermanent loss. The person willexperience a range of painful emotionsincluding depression, anger, panic andwithdrawal. This is a very difficulttime for the injured person’s family.They want to help, but are at a loss asto how to best do so. This is where an

outside resource person can help. Theyprovide an ear for the expression ofpainful emotions. They also can explainto family members how they can besthelp the injured person.

The third state is the reorganizationstage. The person starts to askquestions. Will I be able to havechildren? Will I be attractive to theopposite sex? Asking questions andobtaining answers involves arestructuring of one’s identity. Theperson learns to live with the loss andobtain control of his life. During thisstage, the person often develops awhole new set of personal skills. Theperson discovers a whole new range ofpossibilities and once again becomesopen to life.

TABLE OF CONTENTS

1 • Emotional Recovery fromSpinal Cord Injury

2 • Court Upholds PunitiveDamages Award Against DrunkDriver

• McLeish Orlando Helps Spreada Little Holiday Cheer

3 • The Miracle Story of JosephBenjamin

4 • Upcoming Events

• The Miracle Story of JosephBenjamin continued

Emotional recovery fromSpinal Cord Injury

Upcoming EventsMAY 200710th – Ontario Brain Injury Association and Brain Injury Society ofToronto, Third Annual Mix and Mingle, Hart House, University ofToronto

McLeish Orlando is a sponsor of this event and John McLeish,Dale Orlando and Patrick Brown are attending to provide support.

17th – The Law Society of Upper Canada, The Oatley-McLeish Guide toProof of Personal Injury Damages (Part One): Injuries to Joints, DonaldLamont Learning Centre, Toronto

John McLeish is a Co-Chair of this event and is presenting a paper on how to obtain the best possible medical report.

Rikin Morzaria is also presenting a paper on Critiquing Defence Medical Reports and Cross-Examining Defence Experts.

25th & 26th – Ontario Trial Lawyer’s Association Spring Conference,The Westin Prince, Toronto

John McLeish is presenting a paper on Preparing Your Client for Trial.

Patrick Brown is presenting a paper on The Inner Workings of FSCO.

JUNE, 20077th – The Law Society of Upper Canada, The Oatley-McLeish Guide toProof of Personal Injury Damages (Part Two): Psychological Injuries andChronic Pain, Donald Lamont Learning Centre, Toronto

John McLeish is a Co-Chair of this event.

Patrick Brown is presenting a paper on Defeating the Allegation of Exaggeration or Malingering.

AUGUST, 200727th – The United Senior Citizens of Ontario Annual Conference, BestWestern, Coburg.

Patrick Brown is presenting on The Impact of the Threshold and Deductible on Seniors.

SEPTEMBER, 20077th – St. Michael’s Hospital Charity Golf Tournament

John McLeish and Dale Orlando are attending.

13th – Discharge and Beyond: Seventh Annual Spinal Cord ConferenceDale Orlando and Patrick Brown are Co-Chairs of this event.

25th & 26th – The Canadian Institute’s Advanced Forum on MotorVehicle Litigation: Latest Developments and Trends in Advancing andDefending First Party and Liability Claims, Marriott, Toronto.

Dale Orlando is speaking on Threshold Challenges in the Tort Action.

Patrick Brown is presenting a paper on Selling Your Client’s Case to Jurors.

continued from pg. 3

“The MiracleStory of Joseph

Benjamin”

One Queen Street E., Suite 1620Box 76, Toronto On M5C 2C5

PHONE: (416) 366-3311FAX: (416) 366-3330

TOLL FREE (Canada Wide)1-866-685-3311

HAMILTON: (905) 574-6210

www.mcleishorlando.com4

The holiday season can be adifficult time for a sick or injuredchild and their family. This year,McLeish Orlando helped spreada little holiday cheer byparticipating in the Sick KidsAnnual Holiday Toy Drive. Thefirm challenged it’s lawyers andstaff to extend their holidaygiving to include children in need and they respondedenthusiastically. We were able to

contribute more than 60 gifts,including an X-Box 360 withseveral family-friendly games, aswell as numerous toys, gamesand books for toddlers, kids andteens.

Since its foundation in 1875, TheHospital for Sick Children hasbecome a world leader inchildren’s medicine, and is thelargest centre committed toimproving children’s health in

the country. The staff is dedicatedto providing the best in children’shealth care, which extends toensuring that children have theopportunity to play, learn andgrow throughout their illness andrecovery. The hospital receivesgovernment funding thatprovides for the basics of healthcare. Since Sick Kids does muchmore than provide the basics,they require individual support to

In the recent decision of McIntyre v. Grigg, the OntarioCourt of Appeal upheld a jury’s award of punitive damagesagainst a drunk driver who struck and injured a younguniversity student as she was walking home with friends.Punitive damages are designed to punish a defendant foregregious and offensive conduct and they are awarded overand above any damages awarded to a plaintiff ascompensation. The Court’s landmark ruling in this caserecognizes that drinking and driving is a “social evil” thatcourts can deter by imposing severe penalties againstoffenders.

On the night of September 13, 1996, Andrew Griggconsumed about eighteen drinks at a local university pub inHamilton before getting into his car to drive home. Hisblood alcohol level was between two and three times thelegal limit. Mr. Grigg ran a stop sign and made a recklessright-hand turn onto northbound Forsythe Avenue, clippinga lamp post and then striking Andrea McIntyre, who waswalking along the curb with several friends. Andrea wasbadly injured in the crash and continues to suffer from severelimitations more than a decade later.

Mr. Grigg was charged with impaired driving causing bodilyharm and with dangerous driving causing bodily harm. Heultimately pled guilty to the lesser charge of careless drivingand received a fine of $500.00. His licence was notsuspended.

At trial, a jury awarded Andrea McIntyre punitive damagesof $100,000.00. Mr. Grigg appealed the award on the basis

that it was not appropriate for jury to award punitivedamages since he had not acted maliciously. The OntarioCourt of Appeal disagreed. The Court held that, by makingthe deliberate choice to drink excessively and then drive,Andrew Grigg demonstrated a reckless disregard for thelives and safety of others. The Court also noted that it wasopen to the jury to conclude that the fine and conviction forcareless driving were inadequate punishment for Mr. Grigg’sconduct and impose further punishment in the form ofpunitive damages. However, in light of the following factors,the Court felt the jury’s award of $100,000 for punitivedamages was too high:

• Mr. Grigg’s drinking and driving was an isolated incident;• He did not flee the scene of the accident;• He did not profit from his misconduct;• The harm was not specifically directed at Andrea

McIntyre; and • The amount was not necessary to meet the objectives of

retribution, deterrence and denunciation.

The Court reduced the award of punitive damages to$20,000, which it felt was a more reasonable sum.

The Court’s decision in McIntyre represents a move in apositive direction for victims of drunk drivers. By upholdingthe jury’s award of punitive damages against Mr. Grigg, theCourt has sent a message that drinking and driving isconduct that will not be tolerated and that is worthy ofpenalty.

“The Miracle Story ofJoseph Benjamin”

continue to offer the level of carefor which they are renowned. Thelawyers and staff of McLeishOrlando were happy to play a rolein the continuing success of thisprogram.

2 3

Court Upholds Punitive DamagesAward Against Drunk Driver

continued on pg. 4

McLeish Orlando Helps Spread a Little Holiday Cheer

On a storming evening on January 21,2004, the life our client, 28 year oldJoseph Benjamin, changed forever.Joe was driving home from work inhis VW Golf, and despite allprecautions taken by Joe, he lostcontrol of his vehicle on an icy road,crossed over into the oncoming laneand violently collided with anothervehicle.

The paramedics found Joeunconscious in his vehicle and rushedhim to the trauma centre at WilliamOsler Health Centre. On arrival at thehospital, Joe had a Glasgow ComaScale of 3 out of 15, meaning he hadsuffered a severe brain injury. Joe wasthen transferred to St. Michael’sHospital in Toronto and admitted intothe Neurotrauma Intensive Care Unitfor treatment of his closed head injury.

Before the collision, Joe graduatedwith honours from college in businessaccounting and was working as anaccountant for a manufacturingcompany. His long term goal was toobtain his Certified GeneralAccountant designation. Joe was anathlete and a musician and his friendsand family described him as “acomedian". Just before the collision,Joe had moved home with his parentsand two sisters to save money to buyhis own home.

After the collision, Joe’s future wasuncertain. No one could predict howwell Joe would recover from hisinjuries, if at all. Joe spent six weeksat St. Michael’s Hospital under thecare of his neurosurgical team, duringwhich time Joe went into respiratory

failure and had to have an emergencytracheotomy. Joe’s initial prognosiswas grim. There was a significantpossibility that Joe would never be thesame person and would have to livethe remainder of his life in a long-termcare centre.

Joe’s parents, Marilyn and JoseBenjamin, traveled from their home inOakville to St. Michael’s Hospitaleveryday to be with their son andprovide him emotional and spiritualstrength during his recovery. Initially,Joe could not speak or obey anycommands and would onlyspontaneously open his eyes.Gradually, Joe began to squeeze hismother’s hand, use gestures tocommunicate, and just six weeks afterthe collision, Joe spoke for the firsttime. Soon after, Joe was transferredto Toronto Rehabilitation Institute tobegin his long road to recovery.

We appointed a case manager toassemble a team of rehabilitationtherapists to help Joe in every aspectof his recovery. The team included anoccupational therapist to assess Joe’sphysical needs and care requirements,as well as a physiotherapist, speechlanguage therapist and vocationaltherapist, to work with Joe on a dailybasis. The case manager arranged forattendant care, transportation, homemodifications, and assistive devices toallow Joe to come home on weekendsfrom the Toronto RehabilitationInstitute.

Four months after the collision Joewas discharged from the TorontoRehabilitation Institute to live with his

The holiday season can be adifficult time for a sick or injuredchild and their family. This year,McLeish Orlando helped spreada little holiday cheer byparticipating in the Sick KidsAnnual Holiday Toy Drive. Thefirm challenged it’s lawyers andstaff to extend their holidaygiving to include children in need and they respondedenthusiastically. We were able to

contribute more than 60 gifts,including an X-Box 360 withseveral family-friendly games, aswell as numerous toys, gamesand books for toddlers, kids andteens.

Since its foundation in 1875, TheHospital for Sick Children hasbecome a world leader inchildren’s medicine, and is thelargest centre committed toimproving children’s health in

the country. The staff is dedicatedto providing the best in children’shealth care, which extends toensuring that children have theopportunity to play, learn andgrow throughout their illness andrecovery. The hospital receivesgovernment funding thatprovides for the basics of healthcare. Since Sick Kids does muchmore than provide the basics,they require individual support to

In the recent decision of McIntyre v. Grigg, the OntarioCourt of Appeal upheld a jury’s award of punitive damagesagainst a drunk driver who struck and injured a younguniversity student as she was walking home with friends.Punitive damages are designed to punish a defendant foregregious and offensive conduct and they are awarded overand above any damages awarded to a plaintiff ascompensation. The Court’s landmark ruling in this caserecognizes that drinking and driving is a “social evil” thatcourts can deter by imposing severe penalties againstoffenders.

On the night of September 13, 1996, Andrew Griggconsumed about eighteen drinks at a local university pub inHamilton before getting into his car to drive home. Hisblood alcohol level was between two and three times thelegal limit. Mr. Grigg ran a stop sign and made a recklessright-hand turn onto northbound Forsythe Avenue, clippinga lamp post and then striking Andrea McIntyre, who waswalking along the curb with several friends. Andrea wasbadly injured in the crash and continues to suffer from severelimitations more than a decade later.

Mr. Grigg was charged with impaired driving causing bodilyharm and with dangerous driving causing bodily harm. Heultimately pled guilty to the lesser charge of careless drivingand received a fine of $500.00. His licence was notsuspended.

At trial, a jury awarded Andrea McIntyre punitive damagesof $100,000.00. Mr. Grigg appealed the award on the basis

that it was not appropriate for jury to award punitivedamages since he had not acted maliciously. The OntarioCourt of Appeal disagreed. The Court held that, by makingthe deliberate choice to drink excessively and then drive,Andrew Grigg demonstrated a reckless disregard for thelives and safety of others. The Court also noted that it wasopen to the jury to conclude that the fine and conviction forcareless driving were inadequate punishment for Mr. Grigg’sconduct and impose further punishment in the form ofpunitive damages. However, in light of the following factors,the Court felt the jury’s award of $100,000 for punitivedamages was too high:

• Mr. Grigg’s drinking and driving was an isolated incident;• He did not flee the scene of the accident;• He did not profit from his misconduct;• The harm was not specifically directed at Andrea

McIntyre; and • The amount was not necessary to meet the objectives of

retribution, deterrence and denunciation.

The Court reduced the award of punitive damages to$20,000, which it felt was a more reasonable sum.

The Court’s decision in McIntyre represents a move in apositive direction for victims of drunk drivers. By upholdingthe jury’s award of punitive damages against Mr. Grigg, theCourt has sent a message that drinking and driving isconduct that will not be tolerated and that is worthy ofpenalty.

“The Miracle Story ofJoseph Benjamin”

continue to offer the level of carefor which they are renowned. Thelawyers and staff of McLeishOrlando were happy to play a rolein the continuing success of thisprogram.

2 3

Court Upholds Punitive DamagesAward Against Drunk Driver

continued on pg. 4

McLeish Orlando Helps Spread a Little Holiday Cheer

On a storming evening on January 21,2004, the life our client, 28 year oldJoseph Benjamin, changed forever.Joe was driving home from work inhis VW Golf, and despite allprecautions taken by Joe, he lostcontrol of his vehicle on an icy road,crossed over into the oncoming laneand violently collided with anothervehicle.

The paramedics found Joeunconscious in his vehicle and rushedhim to the trauma centre at WilliamOsler Health Centre. On arrival at thehospital, Joe had a Glasgow ComaScale of 3 out of 15, meaning he hadsuffered a severe brain injury. Joe wasthen transferred to St. Michael’sHospital in Toronto and admitted intothe Neurotrauma Intensive Care Unitfor treatment of his closed head injury.

Before the collision, Joe graduatedwith honours from college in businessaccounting and was working as anaccountant for a manufacturingcompany. His long term goal was toobtain his Certified GeneralAccountant designation. Joe was anathlete and a musician and his friendsand family described him as “acomedian". Just before the collision,Joe had moved home with his parentsand two sisters to save money to buyhis own home.

After the collision, Joe’s future wasuncertain. No one could predict howwell Joe would recover from hisinjuries, if at all. Joe spent six weeksat St. Michael’s Hospital under thecare of his neurosurgical team, duringwhich time Joe went into respiratory

failure and had to have an emergencytracheotomy. Joe’s initial prognosiswas grim. There was a significantpossibility that Joe would never be thesame person and would have to livethe remainder of his life in a long-termcare centre.

Joe’s parents, Marilyn and JoseBenjamin, traveled from their home inOakville to St. Michael’s Hospitaleveryday to be with their son andprovide him emotional and spiritualstrength during his recovery. Initially,Joe could not speak or obey anycommands and would onlyspontaneously open his eyes.Gradually, Joe began to squeeze hismother’s hand, use gestures tocommunicate, and just six weeks afterthe collision, Joe spoke for the firsttime. Soon after, Joe was transferredto Toronto Rehabilitation Institute tobegin his long road to recovery.

We appointed a case manager toassemble a team of rehabilitationtherapists to help Joe in every aspectof his recovery. The team included anoccupational therapist to assess Joe’sphysical needs and care requirements,as well as a physiotherapist, speechlanguage therapist and vocationaltherapist, to work with Joe on a dailybasis. The case manager arranged forattendant care, transportation, homemodifications, and assistive devices toallow Joe to come home on weekendsfrom the Toronto RehabilitationInstitute.

Four months after the collision Joewas discharged from the TorontoRehabilitation Institute to live with his

parents. Although Joe still had someongoing physical and cognitive issues,he was extremely self-motivated andcontinued working with his therapistsand rehabilitation team to reach hisultimate goal of living an independentlife again.

Today, Joe is working full-time as anaccountant with his previous employer,driving, playing ice hockey in a localleague and playing the drums in a band.In the fall, Joe will be moving into hisnew home that he recently purchased.Thanks to the wonderful care of thehealth care team at St. Michael’sHospital, Toronto RehabilitationInstitute, the rehabilitation team set upby his legal counsel, as well as thefamily and community support Joereceived on a daily basis; Joe’s story is,to use the words of his case manager, “amodern day miracle“.

There are no courses that prepare aperson who has just suffered a spinalcord injury for what they are about to gothrough. In addition to a physical injury,damage to the spinal cord also involvesan intense psychological injury.

With the proper help from a trainedpsychologist, from family members,and perhaps from someone who “hasbeen there” an injured person can startthe psychological healing process

almost immediately. We all experienceloss in our lives and we all react to thatloss in different ways. The human mindis incredibly resilient and has an almostuncanny ability to adapt.

There are generally three stages in thepsychological recovery process. Thefirst stage of the process is shock anddenial. During this period the injuredperson minimizes the consequences ofthe event and its importance. Thisdenial stage is a protective mechanism.The injured person only allowshimself to feel what he can toleratewithout being totally overcome withemotional suffering. Generally, duringthis period a person’s emotions arefrozen.

The second stage occurs when theperson acknowledges there has been apermanent loss. The person willexperience a range of painful emotionsincluding depression, anger, panic andwithdrawal. This is a very difficulttime for the injured person’s family.They want to help, but are at a loss asto how to best do so. This is where an

outside resource person can help. Theyprovide an ear for the expression ofpainful emotions. They also can explainto family members how they can besthelp the injured person.

The third state is the reorganizationstage. The person starts to askquestions. Will I be able to havechildren? Will I be attractive to theopposite sex? Asking questions andobtaining answers involves arestructuring of one’s identity. Theperson learns to live with the loss andobtain control of his life. During thisstage, the person often develops awhole new set of personal skills. Theperson discovers a whole new range ofpossibilities and once again becomesopen to life.

TABLE OF CONTENTS

1 • Emotional Recovery fromSpinal Cord Injury

2 • Court Upholds PunitiveDamages Award Against DrunkDriver

• McLeish Orlando Helps Spreada Little Holiday Cheer

3 • The Miracle Story of JosephBenjamin

4 • Upcoming Events

• The Miracle Story of JosephBenjamin continued

Emotional recovery fromSpinal Cord Injury

Upcoming EventsMAY 200710th – Ontario Brain Injury Association and Brain Injury Society ofToronto, Third Annual Mix and Mingle, Hart House, University ofToronto

McLeish Orlando is a sponsor of this event and John McLeish,Dale Orlando and Patrick Brown are attending to provide support.

17th – The Law Society of Upper Canada, The Oatley-McLeish Guide toProof of Personal Injury Damages (Part One): Injuries to Joints, DonaldLamont Learning Centre, Toronto

John McLeish is a Co-Chair of this event and is presenting a paper on how to obtain the best possible medical report.

Rikin Morzaria is also presenting a paper on Critiquing Defence Medical Reports and Cross-Examining Defence Experts.

25th & 26th – Ontario Trial Lawyer’s Association Spring Conference,The Westin Prince, Toronto

John McLeish is presenting a paper on Preparing Your Client for Trial.

Patrick Brown is presenting a paper on The Inner Workings of FSCO.

JUNE, 20077th – The Law Society of Upper Canada, The Oatley-McLeish Guide toProof of Personal Injury Damages (Part Two): Psychological Injuries andChronic Pain, Donald Lamont Learning Centre, Toronto

John McLeish is a Co-Chair of this event.

Patrick Brown is presenting a paper on Defeating the Allegation of Exaggeration or Malingering.

AUGUST, 200727th – The United Senior Citizens of Ontario Annual Conference, BestWestern, Coburg.

Patrick Brown is presenting on The Impact of the Threshold and Deductible on Seniors.

SEPTEMBER, 20077th – St. Michael’s Hospital Charity Golf Tournament

John McLeish and Dale Orlando are attending.

13th – Discharge and Beyond: Seventh Annual Spinal Cord ConferenceDale Orlando and Patrick Brown are Co-Chairs of this event.

25th & 26th – The Canadian Institute’s Advanced Forum on MotorVehicle Litigation: Latest Developments and Trends in Advancing andDefending First Party and Liability Claims, Marriott, Toronto.

Dale Orlando is speaking on Threshold Challenges in the Tort Action.

Patrick Brown is presenting a paper on Selling Your Client’s Case to Jurors.

continued from pg. 3

“The MiracleStory of Joseph

Benjamin”

One Queen Street E., Suite 1620Box 76, Toronto On M5C 2C5

PHONE: (416) 366-3311FAX: (416) 366-3330

TOLL FREE (Canada Wide)1-866-685-3311

HAMILTON: (905) 574-6210

www.mcleishorlando.com4