Your Future is Worth Fighting for

Top 10 In Canada For A Reason

Canadian Lawyer Magazine, through peer and editorial review, selected our York Region law !rm, BolandHowe, as one of the top ten personal injury law !rms in Canada. We think we know why.

Our philosophy is simple: properly representing the injured is all about a lawyer’s reputation for regularly and successfully taking serious and complicated cases to trial. It’s all about a lawyer’s trial report card. Trial experience is what insurers and their lawyers pay attention to.  That’s what settles cases fairly. That’s what protects the injured when settlements break down. A lawyer for the injured needs the fortitude to say “no” to unreasonable settlement offers, to protect your future.

We also believe that trial work has a broader societal bene!t. Our mission is to improve the lives, laws and safety of Ontarians through court decisions. With our  clients’ con!dence, our trial work has been instrumental in redesigning dangerous hills, improving roadway maintenance regulations, enhancing safety standards in the mining industry, augmenting landlord accountability, and compensating Good Samaritans.

If you need our help, we would like to meet with you. Our work is based on trust. We think that starts face-to-face.

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Top 10 In Canada For A Reason

Canadian Lawyer Magazine, through peer and editorial review, selected our York Region law !rm, BolandHowe, as one of the top ten personal injury law !rms in Canada. We think we know why.

Our philosophy is simple: properly representing the injured is all about a lawyer’s reputation for regularly and successfully taking serious and complicated cases to trial. It’s all about a lawyer’s trial report card. Trial experience is what insurers and their lawyers pay attention to. That’s what settles cases fairly. That’s what protects the injured when settlements break down. A lawyer for the injured needs the fortitude to say “no” to unreasonable settlement offers, to protect your future.

We also believe that trial work has a broader societal bene!t. Our mission is to improve the lives, laws and safety of Ontarians through court decisions. With our clients’ con!dence, our trial work has been instrumental in redesigning dangerous hills, improving roadway maintenance regulations, enhancing safety standards in the mining industry, augmenting landlord accountability, and compensating Good Samaritans.

If you need our help, we would like to meet with you. Our work is based on trust. We think that starts face-to-face.

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Timothy P. Boland Tim Boland is a trial lawyer for the seriously injured. His philosophy

is simple: fair settlements are only achieved when a lawyer prepares

thoroughly and has a reputation for taking serious and challenging

cases to trial. Tim lives by this philosophy and it is the guiding

principle for BolandHowe.

Tim has more than 30 years of trial experience and numerous

precedent-setting verdicts on behalf of individuals who have

suffered traumatic brain injuries, spinal cord trauma, serious

orthopedic injuries and who have lost loved ones. Those of which

he is most proud are those that have changed the law for the better.

The Ontario Trial Lawyers Association annually presents the Tim

Boland Award for Best Overall Advocate at the annual OTLA Cup.

In 2008, Tim received the Bruce T. Hillyer Award from OTLA for

outstanding trial advocacy. In 2014, Tim was honoured at OTLA’s

Annual President’s Dinner by celebrating his achievements and

recognizing him as a leader of the plaintiff personal injury bar.

Tim has frequently been invited to share his trial experience with

other personal injury lawyers. He has co-chaired, presented and

demonstrated at both Ontario Trial Lawyers Association conferences

dedicated to jury trials and has lectured at many continuing legal

education seminars. Tim has published extensively in the area of

personal injury trial advocacy and is a contributing author to the

Guide to Personal Injury Practice in Motor Vehicle Cases. He has

been certified by the Law Society of Upper Canada as a Specialist

in Civil Litigation.

Tim has served on the Board of Directors of the Ontario Trial Lawyers

Association for a number of years where he has chaired a number

of important committees including Access to Justice. He is involved

in a number of community activities including the Lids on Kids

annual program sponsored by his firm to provide bicycle helmets

for children from disadvantaged backgrounds.

4 5

Darcy W. RomaineDarcy Romaine has had the privilege and responsibility of

representing the injured for over 12 years since his call to the bar in

2003 following graduation from Osgoode Hall Law School.

He has successfully represented clients at the Ontario Court of

Appeal, in jury and judge alone trials in the Superior Court, the

Provincial Court, and at ODSP and CPP tribunal hearings. His appeal

work has clarified the law of landlords’ responsibility for maintaining

their property. His trial work has moved the Province of Ontario to

amend its municipal winter road maintenance regulations to improve

highway inspection, and in another case, broadened the ability of

Good Samaritans to recover compensation for their benevolent care

of the injured, even when they are not claimants in an action.

In 2012, Darcy received from the Ontario Trial Lawyer’s Association

the Outstanding Young Lawyer Award, given to an OTLA member

in recognition of exceptional commitment “To fearlessly champion

through the pursuit of the highest standards of advocacy the

cause of those who have suffered injury or injustice”. In 2010,

he was elected to OTLA’s Board of Directors, in which he serves

on committees ranging from distributing bike helmets for kids to

creating a standard of excellence for all personal injury lawyers.

Darcy has been invited numerous times to present at various

continued legal education seminars hosted by OTLA, the Advocate’s

Society, Osgoode Hall Law School, The Law Society of Upper

Canada, and The Canadian Institute. He is also a frequent author of

journal articles in OTLA’s publication, The Litigator.

Darcy brings to BolandHowe a sincere concern for his clients and

a diverse knowledge base and passion for his work. By education,

he has an undergraduate degree from the University of Ottawa in

Philosophy, which focused on predicate logic and classical argument.

He also has a Bachelor’s degree in English literature. Darcy also

trained as a painter for 5 years at the Academy of Art Canada in

classical poetic realism, in which anatomy was a core component.

All of these tools he brings to bare in presenting a case.

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Your Future Is Worth Fighting For. Choose Wisely

The Right QuestionsTimothy Boland

Darcy Romaine

Has Canadian Lawyer Magazine recognized your firm as one of the top 10 personal injury firms in Canada?

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Have you, personally, taken cases like mine to trial, and won?

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Do you, personally, have numerous precedent setting trial decisions?

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Do you, personally, regularly take cases to trial (at least once per year)?

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Can you show me written decisions? � �

Do you teach other lawyers how to conduct trials?

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Has the Law Society certified you as a Specialist in Civil Litigation?

�

Have you received awards for your trial work from the Ontario Trial Lawyer’s Association?

� �

Is your contingency fee agreement fair and reasonable?

� �

Will you pay for experts to discover the truth?

� �

Trial Report Card: The Measure of a LawyerInsurer’s know which lawyers go to trial for their clients and which

ones don’t. Shouldn’t you?

Trial decisions, not settlements, are the only objective measure of

the skill and commitment of a lawyer. We say “lawyer” and not

“law firm” because you go to trial with your lawyer, not the firm. At

Boland Howe, we guarantee that two experienced trial lawyers will

represent you at trial. We have extensive jury and judge-alone trial

experience. Judge-alone trials are published and verifiable. What

follows are summaries of some of ours.

We have won trials for those who have suffered:

�� Traumatic brain injury

�� Spinal cord injury

�� Spinal column injury (cervical,

thoracic and lumbar)

�� Fatal injuries

�� Burn injury

�� Orthopedic injury

�� Joint injury

�� Chronic pain

�� Psychiatric injury

�� Scarring / disfigurement

We have won trials in relation to the following types of negligence:

�� Pedestrian

�� Cyclist

�� Motorcyclist

�� Motorist

�� Police liability

�� Road design

�� Winter road maintenance

�� Falls

�� Animal attacks

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Roycroft v. Kyte1999 OJ NO 296 (Sup Ct.)

Quadriplegia, Cervical Fracture, Fatality and Dangerous Road DesignTrial Lawyers: Tim Boland & Russ Howe

We successfully represented a quadriplegic young man and a

fatally injured young man when their vehicle left the road after

cresting a hill. The municipality was found negligent for the design

and signage of the hill. The case broadened the  admissibility of

subsequent repair evidence and established that negligent driving

was not a bar to recovery against a municipality in a road design

case.  Immediately following the trial, the hill was flattened and

made safer for all future motorists.

!

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Pelletier v. Ontario Provincial Police2013 ONSC 6898 (Sup Ct)

Catastrophic Brain Injury and Cyclist CollisionTrial Lawyers: Darcy Romaine & Tim Boland

We took a case to trial that pitted a brain injured young man who

lived in near-poverty, with a troubled past, against an O.P.P. officer

and his 5 colleagues who supported his version of events. In the

end, we succeeded in proving that the accident happened as Mr.

Pelletier described, and recovered enough compensation for him

that he will be able to live the rest of his days with 24 hours of

assistance, guidance and care. The case also broadened the recovery

rights of Good Samaritans.

!

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Thornhill v. Shadid2008 CanLii 3404 (ONSC)

Municipal Liability and Orthopaedic InjuriesTrial Lawyers: Tim Boland and Darcy Romaine

A nurse, Nadine, was hit head-on by a motorist who lost control on

snow-covered roads on Christmas Day. The Regional Municipality of

York had failed to plough or salt the roads, but relied on regulations

that set very low patrolling and ploughing standards. This was the

first trial in Ontario to find liability against a municipality under

the regulation and to criticize the regulation. Following Thornhill,

Ontario made changes to the regulation, mandating improved

inspection practices in winter conditions. The case also represents

the highest pain and suffering award given for an orthopedic

knee injury in Canada.

!

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!Silveira v. Her Majesty the QueenSilveira v. Regional Municipality of York 2014 ONSC 65 (CanLii)Silveira v. Her Majesty the Queen 2012 ONSC 3328 (CanLii) Div. Ct.Silveira v. Regional Municipality of York 2011 ONSC 4272 (CanLii)Silveira v. Regional Municipality of York 2011 ONSC 4991 (CanLii)Silveira v. Regional Municipality of York 2011 ONSC 6122 (CanLii)Silveira v. Regional Municipality of York 2011 ONSC 4991 (CanLii)Silveira v. Regional Municipality of York 2010 ONSC 969 (CanLii)

Challenging the Provincial Government Trial Lawyers: Tim Boland and Darcy Romaine

Following the Thornhill case we launched an application against

the Province of Ontario and the Regional Municipality of York.

Our mission was to have the regulation governing winter road

maintenance declared invalid because it set dangerously low

standards for municipal ploughs and sanders that put the motoring

public at risk. After numerous motions and appeals, the Province of

Ontario re-drafted the current version of the regulations, again, and

the Regional Municipality of York abandoned the regulation as a

defence in the action in Ms. Silveira’s case.

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Taylor v. Allard2009 OJ NO 1062 (Sup Ct.)2010 ONCA 596 (ON CA)

Burn Injury and Landlord ResponsibilityTrial Lawyer: Darcy Romaine

We took this case to trial, and then to the Court of Appeal. Mr.

Taylor had been burned in the back yard of a rental property when

he fell into a 10’ wide and 3’ deep bonfire pit. The Court of Appeal

reversed the trial decision and found liability against the landlord,

who had attempted to contract-out of his obligations to provide

a safe property, though he had built the deep and wide fire trap

himself. The Court of Appeal established that a landlord could not

contract out of his/her duty to keep the property safe. This case also

established the highest published award for a burn victim, to date.

!

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Jones v. Jocko(21 November 2012) Newmarket, CV-08-088760-00 (O.N. Sup. Ct.).

Dog Bite to ChildTrial Lawyer: Darcy Romaine

We took a case to trial involving a child who was viciously attacked

by a dog and bitten about the face and neck. Sadly, the child was

psychologically scarred from the event as well. The Court awarded

the child $920,000, of which $140,000 was in recognition of

the young boy’s pain and suffering. The bulk thereafter was in

recognition of his changed employment prospects and future care

needs. This is the highest award of pain and suffering yet recognized

by a Superior Court Judge for a dog bite victim.

!

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Gorman v Falardeau[2002] O.J. No. 5492 (ON SC)[2003] O.J. No. 3317 (ON SC)[2004] O.J. No. 1698 (ON SC)[2005] O.J. No. 2213 (ON CA)

The Lawyers Other Lawyers Turn ToTrial Lawyer: Tim Boland

In Gorman v Falardeau, Bill was involved in 3 separate collisions. He

was one of the 7% of accident victims whose soft-tissue injuries do

not resolve and become permanent and disabling. The insurance

companies thought otherwise. The trial was complex and pitted Bill

against 3 defence lawyers.

Bill was fortunate enough to have a brother, John Gorman Q.C.,

who was himself a personal injury lawyer of 30 years, and former

senior crown prosecutor. John referred his brother to Tim Boland.

Go to Bolandhowe.com to hear John tell you why he hired Tim,

and what factors are important for you to consider when hiring a

personal injury lawyer.

Following a lengthy trial in North Bay, the court recognized Bill’s

injuries, and awarded him what was then the highest award for

chronic pain in the country. The defendants appealed. The Ontario

Court of Appeal upheld the trial decision.

!

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Cockburn v. Holmes(28 April 2014) Newmarket, CV-08-091101-00, (ON SC)

Motorcycle CollisionsTrial Lawyers: Tim Boland and Darcy Romaine

Hit the brake – Swerve left – Dump the bike! These were the split

second decisions Ron made as a van pulled out from a stop sign,

turned right, then left across Ron’s path, at an off-set intersection.

Ron went into the side of the van and was dragged 50' across the

road. The driver was charged but was acquitted at traffic court.

After the traffic court decision, Ron came to us. He had serious

orthopaedic injuries that ended his career as a produce manager.

Following a month long trial, the driver of the van was found 90%

at fault for the collision. Ron recovered enough compensation to

replace the income he lost by having to retire early, and fund his

future care needs.

!

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Jones v. Ross(24 October 1991) Newmarket 4073/87 (ON SC)

Snowmobile Accident and Lumbar Spinal FractureTrial Lawyer: Tim Boland

We represented a snowmobile driver, Mr. Jones, who was driving

along a remote roadside when he was struck by an on-coming

motorist who had crested a hill. The collision sent Mr. Jones into

a tree, upon which he fractured his lumbar spine, requiring fusion

surgery. Mr. Jones was charged. We represented him at highway

traffic court where he was acquitted, and we represented him again

in his civil action, where the other driver was found 75% at fault

for travelling at an excessive rate of speed, and not keeping to the

right side of the road.

!

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Helping Our Colleagues Help Others In keeping with our philosophy, we are frequent speakers, writers

and demonstrators at numerous continuing legal education events,

especially those dedicated to jury trial advocacy. We want to help

other lawyers develop the confidence to take cases to trial and

represent their clients well in the courtroom. The Ontario Trial

Lawyer’s Association (OTLA) has run two conferences dedicated

to jury trial advocacy: we chaired, presented and demonstrated at

both. Tim and Darcy are both published authors in the Guide to

Personal Injury Practice in Motor Vehicle Cases, and invited speakers

at the associated Law Society of Upper Canada conferences. Tim

and Darcy both served on OTLA’s board of directors.

Preventing Injuries Before They HappenAs trial lawyers we witness the consequences that traumatic brain

injury has on children and their families. With our mission of

improving the safety of Ontarians, we participate in the Ontario Trial

Lawyers Association’s Helmets on Kids program. Every year, since

2011, we have gathered experts in engineering and neuroscience

and headed off to elementary schools to educate kids on the

importance of wearing helmets. We fund and distribute free helmets

to every child in the assembly with the hopes that our efforts will

keep kids safe.

BolandHowe, At Your Service

Results are critical but how you are treated along the way matters too. Our !rst priority is helping you transition from hospital to home. With our accident bene!t specialists, we set to work getting ramps built, and your living quarters made accessible. We help you !nd and fund a rehabilitation team of medical experts to help you through your recovery. And, we apply for and !ght for bene!ts to give you the income you need while you’re getting better. Anxious about driving to the appointments we arrange for you? We have our own retired !re captain to drive you. Something unexpected crops up, just call and we’ll work through it.

While your !le progresses we work as a team. You will have the bene!t of two lawyers, one tort clerk and one bene!t clerk and a vocational rehabilitation counsellor.

Trial Lawyers for the Injured

If you need our help, we would like to meet with you. Our work is based on trust.

We think that starts face-to-face.

Call Tim or Darcy today at 905-841-5717Serving the greater Toronto area

www.bolandhowe.com

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Trial Lawyers for the Injured

If you need our help, we would like to meet with you. Our work is based on trust.

We think that starts face-to-face.

Call Tim or Darcy today at 905-841-5717Serving the greater Toronto area

www.bolandhowe.com

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Tel: 905-841-5717 www.bolandhowe.com