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Session 5: Recovery of Non-economic Damages

- Under what circumstances is recovery permitted for pain and suffering, loss of consortium, loss of society, post traumatic stress disorder, and other non-economic damages?
- Insurance, plaintiff and defence perspectives on noneconomic damages
- The recovery of non-economic damages in Canada

Chair: Dimitri Maniatis - Langlois Kronström Desjardins LLP - Powerpoint

SPEAKERS:
- D. Bruce Garrow - Borden Ladner Gervais LLP - Pdf
- Douglas A. Latto - Baumeister & Samuels PC
- Robert Lawson, Q.C. - Quadrant Chambers
 
BIOGRAPHIES


Dimitri Maniatis
Maniatis  
 

Direct Line :
514 282-7832
Fax : 514 845-6573
Email : dimitri.maniatis@lkd.ca

Description
Dimitri Maniatis is a partner in the Civil and Commercial Litigation Group at Langlois Kronstrom Desjardins.  His practice comprises civil, corporate and commercial litigation and advisory services, with a special emphasis on complex commercial disputes in a variety of practice areas and industries. He conducts litigation before the courts, at the trial and appellate levels, as well as before commercial arbitration tribunals.

Dimitri represents leading public and private companies in a wide range of industries, and has developed particular knowledge and expertise in the mining and transportation (air and rail) sectors.  His practice in these industries encompasses litigation, regulatory, competition and certification matters as well as transportation and mining law more generally.

In addition, Dimitri has significant experience in insolvency and restructuring proceedings under the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act, having represented key stakeholders in various insolvency matters.

Dimitri graduated from McGill University with common law and civil law degrees, as well as a Master of Laws, and is a member of the Bars of Quebec, New York and Massachusetts.  He is a frequent commentator on a variety of topics of interest to the business and legal communities.

D. Bruce Garrow
 
Phone (416) 367-6125 
Fax (416) 361-7378 
Email bgarrow@blgcanada.com 


Background

Bruce Garrow is the senior member and head of the Firm's National Aviation Group. He is recognized as a leading practitioner of aviation law in Canada. Bruce joined the firm as a partner in the Toronto office in 1995. He was admitted to the Bar of Ontario in 1979 and the Bar of British Columbia in 1984. In 1995, Bruce was certified as a specialist in civil litigation by the Law Society of Upper Canada, a distinction he continues to hold. Bruce is a graduate of McGill Law School and received his Master of Laws from McGill's Institute of Air and Space Law. He has also completed the Harvard Law School 's programs in negotiation and mediation. He is a past lecturer on aviation law at the University of Toronto Professional Pilot and Aviation Management Program, and is a current member of the executive of the Canadian Bar Association - National Air Law Section.

Areas of Practice
  • Bruce's practice focuses on aviation and product liability law. He acts for owners, operators and manufacturers of aircraft and aviation products, aircraft maintenance and ground handling service providers, and their insurers. He also provides advice to aviation insurers on coverage issues. Bruce's product liability practice also extends to the energy and pharmaceutical sectors. He routinely acts for utilities, natural gas and LP gas distributors, and related equipment manufacturers. He has also acted for pharmaceutical manufacturers and distributors.
Rankings and Recognitions
  • Selected by peers for inclusion in the 2010 edition of The Best Lawyers in Canada (Aviation Law)
Professional Experience
  • Bruce is a respected trial and appellate counsel with 30 years of experience before the Ontario Superior Court of Justice, the Court of Appeal for Ontario, the Supreme Court of British Columbia and the Federal Court of Canada. He has also appeared as counsel at the Commission of Inquiry into Aviation
  • Safety in Canada and the Commission of Inquiry into the Blood Supply. He has acted as counsel in major air crash cases and Transportation Safety Board investigations throughout Canada. In 1987, he was appointed Crown Agent for the Transportation Safety Board of Canada. Bruce is also experienced in ADR techniques, and frequently acts as counsel in mediations.
Professional and Community Activities
  • Bruce is a former chairman of the Air Law Section of the CBA ( Ontario ) and is a member of the executive of the National Air Law Section of the Canadian Bar Association. He is the author of articles on substantive and procedural aviation law, and currently lectures on aviation law at the University of Toronto, Professional Pilot and Aviation Management Program. Bruce is an avid runner, skier and sailor. He completed the Boston Marathon in 2000, and often runs in charity fundraisers.

Douglas A. Latto

lattoDoug Latto is a partner in the firm and specializes in aviation accident litigation. He has been a part of the firm for 15 years, and has handled numerous cases involving catastrophic injuries and death. Named a New York Super Lawyer for 2008, Doug was appointed as a member of the Plaintiffs’ Executive Committee in connection with the litigations arising from the crashes of Comair Flight 5191 and American Airlines Flight 587. The firm was also appointed to the Plaintiffs’ Executive Committee with respect to the litigation arising out of the September 11th terrorist atrocities and Doug was a member of the sub-committees responsible for the litigation arising out of the hijackings of American Airlines Flight 11 and American Airlines Flight 77. He was also a member of the Plaintiffs' Steering Committee in the Swissair Flight 111 litigation and was actively involved in both the EgyptAir Flight 990 and TWA Flight 800 mass disaster actions.

Doug was also heavily involved in the litigation arising from the crash of Comair Flight 3272, which resulted from an in-flight icing event in January 1997. As a result of his involvement in the litigations arising from the crashes of ValuJet Flight 592 and Air Midwest Flight 5481, he also has extensive experience in aviation accidents caused by improper maintenance performed by outside maintenance contractors.

Doug is currently handling a number of general aviation crashes involving claims against manufacturers, air traffic controllers, pilots and flight instructors. He has resolved many actions involving rotary wing aircraft, including claims against Sikorsky Aircraft Corporation, The Boeing Company, as well as against Eurocopter Deutschland GmbH with respect to the crash of a BK-117 helicopter into the East River in New York City. He has successfully litigated dozens of general aviation accidents which have included claims against manufacturers, flight schools and fixed based operators.

Doug received his Juris Doctorate degree, magna cum laude, from the American University School of Law in 1991 and was a member of the Law Review and the Honor Society.


Robert Lawson, Q.C.

Robert Lawson QC is a barrister practising from Quadrant Chambers, London, England. He has a broad practice, but with particular emphasis upon the world of, and law relating to, aviation. He is widely recognised as a leading practitioner in this field, having been involved in many of the most notable aviation cases fought in England in recent years. These include acting for the carrier in the leading case on the recoverability of non-economic damages in a claim governed by the Warsaw Convention, Morris v. KLM Royal Dutch Airlines [2002] 2 AC 628, and acting for the carriers in the two leading cases on the meaning of ‘accident’ in the Convention scheme, Re Deep Vein Thrombosis and Air Travel Group Litigation [2006] 1 AC 495 and Barclay v. British Airways Plc [2009] 3 WLR 369.

Robert was one of the two principal contributors to Halsbury’s Laws of England title ‘Aviation’, Volume 2(3), 4th Edition Reissue (2003). He is a fellow of the International Academy of Trial Lawyers and a member of the Royal Aeronautical Society and the European Air Law Association.