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KO in the Capital

2019 Claims Conference

May 2-3, 2019

Panels & Speaker Information

Sports Injuries

8:30-10:30am

DC - Michael Van Dusen, Van Dusen Law

PC - John Lundrigan, Nelligan O’Brien Payne LLP

Mediator - Rick Brooks, Brooks Dispute Resolution

Rehab - Dr. Phillip Palmer, Genesis Rehab Sports & Injury Clinic

Moderator - Jeff King, Paul Davis Systems (OVAA/TIAA Committee)

DC - Michael Van Dusen

Michael Van Dusen is the founding partner of Van Dusen Law. Since the earliest days of his practice, Michael has worked as counsel for a number of insurers.  He continue to work as a defence insurance lawyer for both personal lines and title insurers.

 

Michael is a member of a number of associations and has been appointed to a three counsels. He has received the Joint Recipient of the Gordon F. Henderson Award presented by the Carleton County Law Association for Outstanding Community Service and charitable work. The award was for 20 years of fundraising through “The Verdict” rock band.

PC - John Lundrigan

John Lundrigan is the leader of the Personal Injury Group, and joined Nelligan O'Brien Payne LLP in 2002, and became a partner in 2006. John practises in the areas of personal injury, disability claims, professional negligence, product liability claims, environmental contamination, home inspection cases, insurance defence, farmers law and litigation. As well as law, John also has degrees in Physical Education (with emphasis in anatomy, kinesiology and physiology) and in Education. Prior to becoming a lawyer, he worked as a physical education and classroom teacher for eleven years.

 

John acts for plaintiffs in serious injury matters, including for persons with traumatic brain injuries, and orthopedic, paraplegia, and quadriplegia injuries. His previous career, combined with his legal experience, enable him to provide sound counsel in personal injury related matters. John understands the physiological nature of injuries, and the associated health and emotional repercussions.

Mediator - Rick Brooks

Rick was called to the bar in Ontario in 1979.  He has spent his legal career practising in various area of civil litigation, primarily with regard to commercial and construction disputes.  In the distant past he handled personal injury and property claims for both insurers and plaintiffs. He has appeared at all levels of court in Ontario and before various administrative tribunals.  He retired from private practice in 2015.

 

For the last 15 years he has also carried on a mediation and arbitration practice, which he continues today through his business Brooks Dispute Resolution.  He is retained to mediate and arbitrate a wide variety of disputes, although the majority of the mediations relate to issues involving insurers.  He is a Chartered Mediator with the ADR Institute of Canada. He is a mediator for the Sports Dispute Resolution Centre of Canada and an arbitrator for the Tarion Warranty Corporation Builder Arbitration Forum. 

Rehab - Dr. Philip Palmer

Dr. Palmer graduated from CMCC in 1997. Dr. Palmer has published a rehabilitation case study article and has worked with professional athletes and teams in both human performance evaluation and advanced rehabilitation techniques using OPTOgait technology. This system is being used extensively by leading athletic clubs such as AC Milan, and the New York Rangers for injury prevention, injury recovery and athlete performance enhancement.

 

Dr. Palmer applies this technology to his treatment and assessment of motor vehicle accident patients to objectively document injury and treatment progression. He has completed independent medical examinations,  and recently spoke at the 13th World Congress on Brain Injury on the topic of concussion assessment and treatment using technology.

Medical & Recreational Marijuana Seminar

8:30-10:30am

Medical - Dr. Gosh Indraneel

Counsel - Seth Kornblum, Beard Winter LLP

Introduction of Presenters - Ben Baldwin, TIAA

Medical - Dr. Gosh Indraneel

Dr. Indraneel Ghosh obtained his medical degree at Queen's university, his residency at U of T and his Emergency Medicine fellowship at McMaster University. He established a reputation of being a superb clinician and educator at McMaster and was appointed Program Director of the CCFP (EM) Emergency Residency Training. From there, he was recruited to Mackenzie Health (formerly York Central) as the hospital’s Director of Medical Education and Research. Success in this role translated to his Board appointed role as Chief and Medical Director of the Emergency Department at Mackenzie Health.  He has also served as the Executive Medical Director for a private healthcare company.

 

He was then recruited to Chatham Kent Health Alliance (CKHA) to lead the emergency department. His work at CKHA led to a promotion as the Senior Medical Director for Strategy, Access and Flow within the organization. Subsequently, he obtained a certificate in pain management and went on to become Chief Medical Officer at a chronic pain and medical cannabis clinic in Toronto.  Currently, Dr. Ghosh continues his faculty teaching appointment with McMaster University and clinical role as both an emergency physician at Trillium Health Partners and chronic pain and medical cannabis practice at a private clinic. He has completed several assessments and reviews in his areas of expertise on a national scope, including patient assessments, health care organizational systems and medical malpractice.

Counsel - Seth Kornblum

Seth Kornblum is a partner at Beard Winter LLP and a member of the firm’s insurance group. He has been practising for more than 18 years, since his call to the Bar of Ontario in 2000. Seth represents national and international insurance clients and self-insured companies on a variety of insurance defence litigation matters.

 

Seth has expertise in host liability claims, commercial general liability (CGL) claims, property claims, product liability claims and subrogated claims, in addition to handling motor vehicle accident claims, no-fault (accident benefits) claims, and non-auto personal injury claims. He also speaks and writes on cannabis legalization and insurance risks.

Head Injury Panel

10:30am-12:00pm

DC - Erin Durant, BLG LLP

PC - David Hollingsworth

Rehab - Lisa Young, Evolve

Adjuster - Leanne Hardman, Unifund

 

Moderator - Al Gallagher, Cin-Trans Claims

DC - Erin Durant, BLG LLP

Erin Durant is a lawyer in Ottawa who accepts mandates throughout Ontario. She is a versatile litigator and a member of the Insurance and Tort Liability Group. Erin accepts retainers to defend professional negligence (lawyers and engineers), officers' and directors' liability, title insurance, property damage, personal injury, motor vehicle accident, insurance coverage claims and employment practices claims on behalf of insurers. She also has experience pursuing subrogated claims in an efficient and cost-effective manner. Erin has appeared as counsel in the Ontario Superior Court of Justice, the Ontario Court of Appeal, the Federal Court of Canada, the Ontario Human Rights Tribunal, the Ontario Energy Board and the Law Society Tribunal.

 

Erin is very active in the legal profession and in the Ottawa community. She has been a member of the Advocates' Society's Young Lawyers' Standing Committee since 2015 and is past-chair of the Canadian Defence Lawyers' Young Lawyers Division. Erin was a member of The Advocates' Society's task forces on trials that published the Best Practices for Civil Trials and the Advocates' Society's Courts Technology Task Force that contributed to the Paperless Trials Manual. She is also a member of the Law Society of Upper Canada's Early Career Roundtable.

PC - David Hollingsworth

Born and raised in Ottawa Ontario, David Hollingsworth has been practicing Ontario personal injury law since 1999. After graduating from the University of Ottawa law school in 1997, David began dedicating himself to helping people injured in accidents and their families through the extremely difficult times that follow an accident.

 

David is regularly invited as a speaker for Ontario personal injury professional development seminars for lawyers, law students and health professionals. David will share litigation skills and speak on developments in Ontario personal injury law. David appears regularly on CTV television as an expert on personal injury and legal matters and is regularly consulted by other news agencies to discuss personal injury compensation in Ontario, the rights of Ontario accidents victims, safety, and Ontario insurance news.

Rehab - Lisa Young

Evolve Assessments and Diagnostics has provided assessments and diagnostics to national insurance, legal, and corporate clientele since 2006. The business is Canadian company owned by one principal: Ms. Lisa Young. Assessment services are provided by a network of independent medical examiners that have entered into a mutually beneficial operating partnership with Evolve.

 

Lisa has worked in the insurance industry for 20 years, prior to which she worked as a kinesiologist and manager at physiotherapy clinic. Lisa was one of 3 founders of  Evolve just over 12 years ago. As the owner of Evolve, Lisa strives to instill the value of “second-to-none” customer service in the entire staff. She is a “hands-on” owner who is always eager to listen to the needs of her customers and implement strategies to improve the delivery of assessment services. Evolve is CARF accredited and was recognized by CARF for “outstanding customer service” as well as our commitment to provide services that “stand out as best practice in the independent medical evaluation field.”

Adjuster - Leanne Hardman

Leanne began her Insurance Career with The Co-operators in 2001 in Accident Benefits.  She obtained her CIP in 2009 and after a decade of handling claims, she joined Unifund Assurance as a Supervisor in their AB department.  Leanne is an instructor with the Insurance Institute and has volunteered since 2010 first as a Toronto Delegate and now as First Vice President for the Ontario Insurance Adjusters Association. 

 

Leanne is President of a Board of Directors for a Condominium Corporation and has been a content contributor, subject matter expert and technical facilitator for “Understanding Serious Injury” an Insurance Institute course for experienced injury adjusters.  Her passion for education lead Leanne to develop a clinic for continued education and skill enhancement for adjusters at RSA/Unifund, and she has most recently been sought out to be a Mentor for students of the new Humber College Insurance Program. Leanne is currently a mentor with the YIPT.

Prepping Your Expert for Trial Panel

10:30am-12:00pm

DC - Michael Swindley, Templeman Menninga LLP

PC - Shawn O'Connor, Kelly Santini LLP

Expert #1 - Erin Potma, Rimkus Consulting Group

Expert #2 - Bruce Cochrane, CM3 Environmental Inc.

Moderator - JC Plante, RSM Canada

DC - Michael Swindley

Michael joined Templeman Menninga LLP in 2009, and is a Partner in the firm’s litigation department, where he practices primarily in the area of insurance defense, with a focus on municipal and professional liability, personal injury, and property damage claims. Michael also has a general litigation practice focusing non-insurance Defence in areas including contractual and land disputes, complex matrimonial litigation, and defamation.

 

Michael is a tenacious litigator and Trial lawyer.  He has appeared as lead counsel in jury- and non-jury Trials in the Superior Court of Justice, and as lead counsel on appellant work at the Divisional Court and Court of Appeal levels.   Michael has laid the foundation for his busy and varied practice by giving sound, quality advice, and takes pride in delivering on the results which clients may expect to receive on settlement or Trial.

PC - Shawn O'Connor

Shawn O'Connor practices construction, employment and insurance litigation, and has appeared in all levels of Ontario Courts as well as the Federal Court of Appeal. Shawn has extensive experience advising insurers on construction losses and subrogation claims as well as builders and home owners on construction lien claims and building deficiency claims brought before the Courts and at arbitration hearings. He also experienced with the Workplace Safety and Appeals Tribunal and he regularly advises insurers on Statutory Accident Benefits matters.

 

Shawn is a regular speaker on construction litigation issues for the Ottawa Construction Association and writes frequently about important Court ruling and how they will impact construction and insurance clients. 

Expert #1 - Erin Potma

Dr. Potma holds three degrees (B.S., M.S., & Ph.D.) in Mechanical Engineering from Queen’s University in Ontario, Canada. Dr. Potma’s primary areas of consulting expertise include multiple aspects of collision reconstruction, biomechanical injury assessments, movement and gait analysis, slips, trip and falls, building and staircase assessment, head injury and helmet assessment, seatbelt and restraint assessment, and sports and fitness accidents.

 

Dr. Potma performs biomechanical analysis on cases involving accidents, driver determination, falling objects, slip and falls, amusement rides, and other accidental events. She has reconstructed accidents involving low-speed, high-speed and fatality collisions, pedestrian and cyclist accidents, heavy vehicles, vehicle rollovers, snowmobiles, motorcycles, and other types of accidents. Dr. Potma has an extensive publication record addressing basic, applied, and clinical orthopedic topics, and has performed collaborative research with other intramural departments and outside academic and industrial institutions. 

Expert #2 - Bruce Cochrane

Expert #2 - Bruce Cochrane

Mr. Cochrane is a professional geologist, registered environmental professional, expert witness for the assessment and clean-up of contaminated sites and a principal consultant with 28 years of experience in the environmental consulting industry.  He has designed and implemented Environmental Site Assessments and remediation projects for contaminated sites and oil spills in Ontario since 1994 (25 years).

 

Mr. Cochrane is a highly organized individual who is capable of handling multiple assignments and completing them in a practical manner.  He has managed portfolios of sites numbering in the 100’s to single assignments for individuals.

CAT Injury Panel 

10:30am-12:00pm

DC - Kadey Schultz, Schultz Frost LLP

PC - John Russell, Dye & Russell LLP

Mediator - Kevin Mullington

Rehab - Chantal von Schoenberg

Injured Party - Brent Feeney (paralyzed in MVA)

Moderator - Terry Doherty, TIAA / OVAA Delegate

DC - Kadey BJ Schultz

Kadey BJ Schultz is an award winning Canadian litigator and prominent public speaker. She is the co-founding partner of Schultz Frost LLP, a Toronto based litigation firm specializing insurance and civil litigation. In 2018, Kadey was honoured with the Lexpert Zenith Mid-Career Excellence Award in Commercial Insurance, and Best Lawyers in Canada (Insurance Law), after winning the Lexpert Rising Stars Top 40 under 40 Lawyers In Canada award in 2015.  She was acknowledged as a US/Canada Litigator to Watch in 2014. Kadey received the Richard B. Lindsay Exceptional Young Lawyer Award from the Canadian Defence Lawyers Association in 2010.

 

Kadey is a prolific speaker and is regularly engaged to deliver key note addresses for companies and conferences on a variety of issues including law, #MeToo, leadership and conflict management. In addition to Kadey’s vibrant legal and consulting practice, she is a member of the Board of Directors of the Holland Bloorview Kids Rehabilitation Hospital Foundation in Toronto and is on the Council of the Medico-Legal Society of Toronto.

PC - John Russell

For the first 16 years of his practice, Mr. Russell represented large insurance companies. Working for insurance companies, he was able to develop his skills as a trial lawyer and build a track record of success at trial that few personal injury lawyers in Ontario can match. As you might expect, insurance companies will pay more on a claim—and will settle quicker—when they are dealing with legal counsel they know can, and will, take a case to trial.

Mr. Russell knows what you are up against when seeking compensation for your injuries and he will work with you on your road to recovery to ensure that you get the full amount you are entitled to as quickly as possible. John graduated from Osgoode Hall Law School with his L.L.B. degree in 1990 and he was called to the Ontario Bar in 1992. He has been practicing personal injury law exclusively since that time. Over the course of his career, Mr. Russell has appeared at all levels of the Ontario court system.

Mediator - Kevin Mullington

Kevin Mullington is a trained mediator and negotiator and past mediator on the Superior Court Roster of Mediators and a past member of the ADR Institute of Canada and the ADR Institute of Ontario. As well, he has conducted over 1000 mediations and has practiced civil and criminal litigation for 20 years.

Kevin has represented both Plaintiffs and Defendants in all areas of litigation including mediation and arbitration and also appeared before all levels of Courts in Ontario and appeared before numerous administrative tribunals. Kevin is the President of the Ottawa-Carleton Wheelchair Sports Association and  the past President of the University of Ottawa Student Legal Aid Association and is involved in volunteer organizations with include Bethany Hope Centre food bank, the Canadian Cancer Society and coached little league basketball and lacrosse.

Rehab - Chantal von Schoenberg

With her lively French Canadian background, global experience and zealous energy for the profession of physiotherapy, Chantal von Schoenberg approaches her practice with a back to basics attitude of “let’s get to work”. Preferring the role of mentor in her approach she has garnered the attention of fellow professionals and students for her grassroots thinking about movement and balance.

 

After 8 years of living in Nicaragua and Honduras and observing disabled persons optimizing physical function out of necessity, she pursued a Doctorate in Physical Therapy at Nova Southeastern. These experiences have formed her practice of active therapy first and passive therapy second, grounded in evidence-based thinking.  She desires to creatively craft programs that require healthy function and self-awareness of personal strengths before addressing deficits. Moving a patient to be “less disabled” is always the goal. Bringing others along on this learning journey fuels her unconventional spirit.