Duncan Macgillivray

Duncan Macgillivray

Duncan is a founding partner of White Macgillivray Lester LLP in Thunder Bay and Lecturer at the Bora Laskin Faculty of Law, Lakehead University, teaching Insurance Law. Duncan has served injury clients all across Northwestern Ontario, from the Manitoba border in the west, to Greenstone in the east and all the way up north to Hudson’s Bay. Duncan is involved in his community, serving on the Board of Directors of the Brain Injury Association of Thunder Bay and Area from 2009 to Present (with 2010 to 2015 as President) and the Board of Directors of Thunder Bay Counselling Centre 2009 to 2015 (with 2011 to 2015 as Board Chair). Duncan is also involved in the legal community, sitting on the Board of Directors of the Ontario Trial Lawyers’ Association since 2015, Thunder Bay Law Association since 2012, and Co-Chairing the Thunder Bay Law Association’s Civil Litigation CLE programs.

Everyone Should Have $2M Automobile Liability Limits

Automobile liability insurance covers you if you are sued for injuries caused in an automobile accident. Your insurance company appoints a lawyer, defends you and pays out any damages (up to the liability limits).

What If My Insurance Broker Doesn’t Tell Me About Optional Benefits?

As previously discussed on the OTLA Blog, everyone should consider buying optional automobile insurance Accident Benefits. In 2016, Accident Benefits were slashed by the Ontario Government.  But, consumers can buy back the old coverage levels (and more) by purchasing optional benefits. Instead of the “normal” $65,000 of Medical and Rehabilitation (Med-Rehab) and Attendant Care Benefits available to non-“minor” and non-Catastrophic injury victims and the $1M …

Expert Witnesses: A Strange Legal Rule

The same biased expert witnesses are hired over and over again to give the same bad opinions, but their bias at trial can’t be cross-examined. The experts get to make a lot of money, but it doesn’t make a lot of sense from a fairness perspective.

The Year of the LAT

Fireworks celebrate one year since the debut of the LAT

We’ve now had a year’s worth of LAT decisions (the first LAT decision was released online in July 2016). This post will examine the LAT decisions published online on CanLII to date (or at least up until June 22, 2017).

It’s Time to Abolish the Pain and Suffering “Cap”

Pain and Suffering affects many victims, but we're failing them

Back in 1978, the Supreme Court of Canada set an upper limit or “cap” on pain and suffering damages in Andrews v. Grand & Toy Alberta Ltd. J.A. Andrews was only 21 when he was rendered quadriplegic from a motor vehicle collision. The Court wrote that “It is difficult to conceive of a person of his age losing more than Andrews has lost.” He was ultimately awarded $100,000 …

Troubling Trends in LAT Costs Awards

LAT Costs Awards