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's Publications

The following are articles and papers authored by Bogoroch & Associates LLP principals.

24 / February / 2005

This paper was presented as part of the Canadian Institute program entitled “Litigating Personal Injury Damages”. The claims for emotional distress are among the most challenging and difficult for the litigator. Emotional distress refers to mental or psychological trauma and…

Damages for Emotional DistressRead more
Co-written by: Richard M. Bogoroch , Tripta Chandler
14 / February / 2005

This paper was presented as part of the Advocates’ Society’s program entitled “Hurricane Season in Auto Insurance: Practical Strategies to Ensure your Backyard is not a Disaster Area”. Bill 198 has and will continue to dramatically alter the landscape of…

Preliminary Requirements under Bill 198: The Plaintiff's PerspectiveRead more
22 / October / 2004

Prepared as a companion piece to the Complex Issues in Tort Litigation seminar Richard Bogoroch chaired for the Osgoode Professional Development Program, this paper discusses the series of three Supreme Court of Canada cases (known as the “trilogy”) which have…

Complex Issues in Tort Litigation – Update on DamagesRead more
Co-written by: Richard M. Bogoroch , Tripta S. Chandler
18 / May / 2004

Introduction Chronic pain, fibromyalgia and chronic fatigue cases present unique challenges for plaintiff’s counsel whose task it is to prove disability, whether within the context of a tort or statutory accident benefits case or when claiming entitlement to long-term disability…

Managing the Plaintiff's Chronic Pain, Fibromyalgia and Chronic Fatigue CaseRead more
26 / February / 2004

Mediations “Happy are they who maintain justice and do righteousness at all times.” Psalm 106:3 Mediation is the most effective means of resolving a dispute and enjoys wide popularity among the Bench, the Bar and litigants. The long delays and…

Mediating and Settling Claims for DamagesRead more
Co-written by: Richard M. Bogoroch , Leanne Goldstein
2 / December / 2003

Introduction In Kungl v. Fallis1, Justice Callaghan made the following comment: Birth is a very traumatic event. It is dangerous for the baby. The birth process, even under optimal conditions, is potentially a traumatic crippling event for the baby. For…

Shoulder Dystocia and Obstetric Liability: Effectively Avoiding LitigationRead more
Co-written by: Richard M. Bogoroch , Leanne Goldstein
22 / October / 2003

This paper discusses how even though the subject of pain remains an elusive and controversial one, there has been a growing recognition in recent years of pain-associated conditions such as Chronic Pain, Fibromyalgia and Chronic Fatigue Syndrome. The paper observes…

Understanding and Managing the Increase in Chronic Claims and Newly Classified DisabilitiesRead more
13 / May / 2003

This paper discusses the “Lost Years” claim in personal injury cases, detailing the innovative thinking that has gone into transforming non-pecuniary damages into pecuniary ones. Introduction A discussion of damages would be incomplete without a reference to the Trilogy of…

Auto Insurance Claims Litigation – The Lost YearsRead more
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