David F. MacDonald

David F. MacDonald

Partner

Practice areas

Practice highlights

Biography

David MacDonald, a senior partner, was awarded the Martindale-Hubbell® AV Preeminent (highest levels of skill and integrity) designation for personal injury trauma representation in Ontario by other leading insurance and personal injury lawyers. David has the honour of representing the most seriously injured trauma victims and their families. He takes pride in working with his clients and engaging excellent rehabilitation professionals, devoting his full efforts to help his clients recover, work towards restoring meaningful and productive lives and receive maximum compensation for their losses.

David MacDonald is a trial lawyer who conducted Toronto’s first personal injury paperless iPad trial. David has been going to trial and settling catastrophic plaintiff personal injury cases and helping car, pedestrian, ATV, motorcycle and boating accident victims who have suffered catastrophic injuries for more than twenty-five years. He has been source lawyer and co-counsel on matters which have settled for over $11,000,000 and lead counsel on matters which have settled for over $8,000,000. Most of his clients have suffered severe brain injuries, spinal cord injuries or amputations arising from trauma. David represents clients from all across Ontario, including Thunder Bay, Ottawa, Windsor, Kingston, Sault Ste Marie, Barrie, London, Hamilton, Niagara Falls, Oshawa, Huntsville, Toronto and his hometown of Mississauga, where he, his wife Margaret and their four boys live. David’s goal is to help his clients develop meaningful lives after tragedy strikes by helping them in the recovery process with excellent, inspiring rehabilitation professionals and to protect them for all their future financial needs.

David is Certified as a Specialist in Civil Litigation by the Law Society of Ontario, recognized in The Canadian Legal Lexpert® Directory as consistently recommended for Personal Injury Litigation by Ontario’s personal injury lawyers, and acknowledged in The Best Lawyers™ in Canada and by Martindale-Hubbell® as an expert in Personal Injury Litigation.
For over twenty years David has advocated to the government on behalf of pedestrian, motorcycle and car accident victims for fair laws. He has led as a board member of Peel Halton, Toronto and Hamilton Brain Injury Associations. In 2003, the Ontario government selected David from all personal injury lawyers in the province and appointed him to the Superintendent’s Executive Committee to implement Ontario’s Auto Reforms.

David publishes and lectures to lawyers, adjusters and health care professionals on Catastrophic Injury Determination across the province. He has Guest Lectured on Litigation Experts at The University of Western Ontario and University of Ottawa Faculties of Law.

David has conducted and won many personal injury trials and arbitrations arising from pedestrian, motorcycle and car accidents. He has won trials against municipalities for improper signage and improper road maintenance in snow and ice cases including one for his client, Donald Greer.

David provides free initial in-person consultations at hospital or home and is available by cell at 647-290-7291.


SPECT Scan Showing Traumatic Brain Injury: Canadian And American Judicial And Arbitral Decisions

These case lists will continue to be updated with each new case where SPECT providing evidence of brain injury is indicated.

Canadian Cases

American Cases

Additional Cases


Year of Call

1991

Education

  • Bachelor of Arts (Honours), University of Western Ontario (1986)
  • Bachelor of Laws, University of Western Ontario Faculty of Law (1989)

Accreditations

  • Certified Specialist (Civil Litigation)
  • LEXPERT® Ranked Lawyer
  • Listed in The Best LawyersTM in Canada since 2017
  • Martindale-Hubbell® Ranked Lawyer, Rated Preeminent®
  • The Advocates’ Society
  • The Insurance Executive Section of The Ontario Trial Lawyers Association
  • The Metropolitan Toronto Lawyers Association
  • Founding and Executive member of the Toronto Brain Injury Awareness Month Organizing Committee
  • Served on the Board of Directors of the Hamilton Regional Brain Injury Program and the Peel Halton Brain Injury Association
  • Served as Executive of the Insurance Section of the Canadian Bar Association-Ontario
  • Served as Executive of the Ontario Trial Lawyers Association
  • Member of FAIR (Fair Association of Victims for Accident Insurance Reform)

Industry recognition

Testimonials

Donald

Thomson Rogers have wonderful lawyers. They care. They want to see you improve and get the help that you need, and they’re very thorough. David MacDonald I would recommend 100%. He cared about my well-being, he wanted me to get the best job I could possibly get. You are part of their family, they want to take care of you.

Matt

Before his motorcycle accident, Matt would go hunting, fishing, and ATVing with his friends. Afterwards, Matt had to undergo a lower leg amputation and he wondered what kind of life he could have. Bedridden and in chronic pain, Matt had a hard time imagining that he’d enjoy things like ATVing again. Thomson Rogers found Matt an operation in Australia that helped bring his activity level back to normal. Matt’s family helped him focus on his health because Thomson Rogers took care of winning his case.

Thomson Rogers

 
Before his motorcycle accident, Matt would go hunting, fishing, and ATVing with his friends. But in the aftermath of his accident, Matt had to undergo a lower leg amputation which left him wondering if he would ever ride again. Bedridden and in chronic pain, it seemed impossible. But by working with David MacDonald, a partner at the law firm of Thomson Rogers, Matt was able to focus on his health because David took care of his claim. And we’re happy to report that Matt is back on his ATV.

If you or a loved one has been involved in a serious accident, please contact David MacDonald at 416-868-3155 for a free consultation.

Ash H.

Mr. David MacDonald is a hard working caring and sincere lawyer. I highly recommend David to anyone who has car accident or personal injury.

E. Ross

Today is the seventh anniversary of my accident. I reflect often on a most fortunate recovery, particularly as this time of year must weigh heavily on the driver who caused the event & lost her mother. I am sure my survival was due to the quick action of an off duty policeman & the help he was able to summons. I have no recollection of the jaws of life only a face at my window giving encouragement, the helicopter from highway 89 to Sunnybrook is vague as was the signing of a consent to operate & the ten days hooked up to a lung machine & my many shattered bones. My arrival at the wonderful St. Johns, I suspect, was due in part to the very nice case worker who got me there & also retrieved my jewelry. I would like to have properly thanked them both.

I was well looked after – a nice roommate, excellent care as well as continual support from fellow Anglicans plus many other good friends who visited, setting up bridge games & a fun 75th birthday party. Fortunately, this enabled me to truly accept the things I could not change & get on with the rigor of exercises, mental & physical this still took three months mostly in a wheel chair. My kids laughed that “only their mother would take that long to drive from The Blue Mts. to Toronto”. I had three more months of sleeping in my dining room & being monitored by care givers daily, with lots of physiotherapy. Like most happenings in my life I felt totally responsible for my well being & accepted the challenge, our fine health care system can do just so much.

I am truly grateful for these past seven years particularly as I was able to get back to driving, which is one of my main volunteer functions to-day.

This past May I broke my hip (my 12th fracture) while convening a coffee hour at church, once again I was lucky with immediate surgery, home within the week & managed to enjoy my already planned Holland American trip to The Yukon & Alaska in August.

So thank you for all your efforts on my behalf have not forgotten Barbara & Michael & do appreciate the opportunity you provided to express my gratitude.

Sincere best wishes for 2012 & future success.


Cases of note

CZOMBOS AND WAWANESA MUTUAL INSURANCE CO., RE, 2017 CARSWELLONT 21129, [2017] O.F.S.C.D. NO. 332 (FSCO – ARBITRATION DECISION)

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Press


Blog

Top 10 Things Parents Of Children With Brain Injury And PTSD Need From Rehabilitation Team And Trauma Lawyers

Top 10 Things Parents Of Children With Brain Injury And PTSD Need From Their Rehabilitation Team And Trauma Lawyers

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Thomson Rogers EBulletin New SABS Requirements For Insurers To Pay For In-direct Or Virtual Services Provided To Car Accident Victims Under COVID-19

Thomson Rogers EBulletin: New SABS Requirements For Insurers To Pay For In-direct Or Virtual Services Provided To Car Accident Victims Under COVID-19

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Presentations

February 24, 2021

SPECT Scan Showing Traumatic Brain Injury: Canadian And American Judicial And Arbitral Decisions

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January 20, 2021

Expert Testimony At An iPad Personal Injury Trial: Preparation And Giving Evidence

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August 31, 2020

PIA Webinar Series: The Pandemic Within The Pandemic – Strategies And Solutions For Keeping You Connected

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August 17, 2020

Thomson Rogers EBulletin: New SABS Requirements For Insurers To Pay For In-direct Or Virtual Services Provided To Car Accident Victims Under COVID-19

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July 01, 2020

Using SPECT Scan, GOSE and Clinician Documentation to Determine Brain Injury and Catastrophic Impairment

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May 16, 2019

Mild to Severe Brain Injury Clients: GOSE and Documentation from Health Care Professionals

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April 26, 2019

fMRI, GOSE and RSW Notes: The Keys for ABI CAT at 6 Months Post Injury

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April 05, 2019

fMRI, GOSE and Ensuring Chronic ABI Survivors are Recognized as Catastrophically Impaired

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March 20, 2019

fMRI, GOSE and Ensuring Chronic ABI Survivors are Recognized as Catastrophically Impaired Lawlor

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February 28, 2019

fMRI, GOSE and Ensuring Chronic ABI Survivors are Recognized as Catastrophically Impaired Bartimaeus

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May 31, 2018

Innovation in Recognizing, Diagnosing and Treating Individuals with ABI

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November 14, 2017

CAT Turbocharger – Here Take the Keys: Getting TBI Survivors to CAT Quickly

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May 07, 2014

Supporting ABI Car Accident Survivors, Family Members and In-Patient Rehab Teams

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January 24, 2014

Catastrophic Impairments: Increasing Access to Care and Treatment for Patients with Severe Injuries

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November 23, 2012

Making the Best Use of Prehearings in Accident Benefit Disputes at the Financial Services Commission

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April 14, 2011

Determing Catastrophic Impairment for the New SABS and Attendant Care Incurred Under the September 1, 2010 SABS

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September 10, 2009

Helping to determine if your Client is Catastrophically Impaired

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April 22, 2009

Admission of Accident Reconstruction at Trial: Winning Strategies and Tactics

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April 13, 2009

Car Insurers’ Responsibility to Pay for Rehabilitation and Attendant Care in Hospital

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February 28, 2009

CAT Law Update – Catastrophic Impairment: Recent Court and Arbitral Decisions

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December 11, 2008

Legal, Ethical and Practice-Based Implications: The Roles and Responsibilities of Private Rehabilitation Case Managers and Occupational Therapists in Hospital,

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April 23, 2008

Families, Children and Health Care Professionals in Court – A Case Study Approach

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March 03, 2008

Insurer-Funded Medical, Rehabilitation and Attendant Care Services for Brain Injury Survivors while in Hospital

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September 17, 2007

Assessing First and Third Party Funding for In-Hospital Medical, Rehabilitation and Attendant Care Needs for Severely Injured Adults and Children

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June 26, 2007

Defining, Assessing and Paying Attendant Care: Assessors’ and Insures’ Responsibilities

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December 20, 2006

Accessing Third Party Funding for Services Provided in Hospital

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September 29, 2006

Defining, Assessing and Paying Attendant Care Assessors and Insurers Responsibilities

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May 03, 2006

Solutions for Injured Children and Their Families under the New Motor Vehicle Regulations

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March 03, 2006

Practice Approaches to the March 1/06 SAB Changes: Lawyer’s Perspective

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March 02, 2006

Practice Approaches to the March 1/06 SAB Changes: Lawyer’s Perspective

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February 28, 2006

The March 1 2006 Changes: Approaches to Assessment, Treatment and Attendant Care

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January 05, 2006

Developments in Accident Benefit Entitlements Affecting Neurotrauma Patients

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November 18, 2005

Developments in Accident Benefit Entitlements Affecting Neurotrauma Patients

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November 10, 2005

Catastrophic Impairment Designation: How is this determined, why is this important and how can the ABI team assist in the process?

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September 21, 2005

Developments in Accident Benefit Entitlements affecting Neurotrauma Patients

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July 28, 2005

Accident Benefits for Spinal Cord and Severely Brain Injured Clients/Patients

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October 22, 2003

Changes to Ontario Auto Insurance – Bill 198 and other changes affecting Brain Injury Survivors

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September 24, 2003

Changes to Ontario Auto Insurance – What the Health Care Professional Needs to Know

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January 01, 2003

DACs: Maximizing Quality and Value – Significant Legal and Arbitration Decisions

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December 02, 2002

Bill 59 and Bill 198 – How Can We Use the Automobile Legislation to Support Accident Victims

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November 21, 2002

Recent Developments in the ‘Thin Skull’ Rule: Medical and Legal Implications for TBI Survivors with Pre-Trauma Impairments,

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Team Members


Resources

June 28, 2021

Caregivers’ needs when navigating acute trauma: A legal and parental perspective

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August 30, 2020

Brain injury: The pandemic within the pandemic – strategies and solutions for keeping you connected

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July 24, 2020

Proving brain injury SPECT scan case study and the clinician’s role in helping the client along the road to CAT determination

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April 18, 2016

Major Accident Benefits Changes Come into Effect on June 1st, 2016

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February 24, 2016

Catastrophic Definition Changes for Auto Accidents On or After June 1, 2016

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October 20, 2015

Catastrophic Impairment: Earlier Determination, Factoring-In Pre-Morbid Impairments and Post-Accident Potential Deterioration

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September 01, 2007

Accessing First and Third Party Funding for In-Hospital Medical, Rehabilitation and Attendant Care Needs for Severely Injured Adults and Children

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June 17, 2007

The Automobile Insurance Rate Stability Act, 1996: Getting to the Bottom Line

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September 27, 2006

Rehabilitation Support Worker and Attendant Care – Documentation

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March 21, 2003

Adapting to the Changes in the Acute Care Setting

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