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.

“Reasonable And Necessary” Treatment: What Does It Mean?

Written by Duncan Macgillivray / Accident Benefits / March 17, 2019

Your automobile insurer is supposed to pay for all “reasonable and necessary” non-OHIP-covered medical treatment (up to specific monetary limits).  This includes things like: Physiotherapy Counselling Occupational Therapy Rehab Support Chiropractic Acupuncture Massage Therapy and Mobility devices Treatment is important for any person’s recovery from injury.  Treatment can alleviate pain and increase function. But, often automobile insurers will balk at paying for treatment, stating “that’s …

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The Cruelest Personal Injury Law

Written by Duncan Macgillivray / Accident Benefits / November 02, 2018

There are a lot of cruel personal injury laws: caps on pain and suffering, secret deductibles, biased doctors, the list goes on. But, there is one that is the worst of them all: The cap on damages for the loss of family members.

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Everyone Should Have $2M Automobile Liability Limits

Written by Duncan Macgillivray / Automobile, Insurance / September 05, 2018

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).

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

Written by Duncan Macgillivray / Insurance / March 12, 2018

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 …

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Expert Witnesses: A Strange Legal Rule

Written by Duncan Macgillivray / Justice / September 13, 2017

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.

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The Year of the LAT

Written by Duncan Macgillivray / Justice / July 21, 2017
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).

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