About Rob Deutschmann

Kitchener Personal Injury and Disability Lawyer - Robert Deutschmann

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Rob is a native of Waterloo, having attended high school at St. David's and St. Jerome's. He graduated from Wilfrid Laurier University where he earned his honours business degree (BBA). After working in private industry for 5 years, he entered law school and obtained his law degree, with distinction, from the University of Western Ontario in 1993.

Rob articled with a Kitchener law firm (Flynn and Sorbara) and was called to the bar on February 14, 1995 when he began his law practice. Rob's practice is dedicated to helping those individuals who have been hurt in an accident or become disabled. Rob practices in the area of personal injury law and disability law. Rob is a member of the Ontario Trial Lawyers Association, the Advocates Society, the Law Society of Ontario and the Waterloo Law Association. Rob was a past Director of the Ontario Trial Lawyers Association (2007 to 2010), and acted as chair of the OTLA Access to Justice/Political Action Committee.

Rob and his wife, Janice, reside in the beautiful village of Ayr, along with their three active daughters. Rob is a sports addict who enjoys recreational soccer and hockey. He is also a late-in-life runner having completed a number of marathons and half-marathons and other charity runs. He also enjoys a round of golf when he can.

Rob is a very active volunteer in his community. He previously chaired the Centre for the Community Group and the Live and Play capital campaign which raised over $2 million towards the construction of a new multi-use community facility that opened in 2011. Rob continues to be a board member for the Centre for the Community Group. Rob is also a director for the Ayr 150th Anniversary Grant Committee. From October 2010 to November 2014, Rob was Mayor of North Dumfries Township, regional councillor for the Regional Municipality of Waterloo, a member of the Grand River Conservation Authority Board and a director for Cambridge and North Dumfries Hydro. Rob was a board member of the Catholic Community Foundation of Waterloo Region from 2008 to 2016.
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ROB IN THE NEWS

Limes on the loose
Nov 5, 2018
Rob was interviewed by the Waterloo Region Record about the recent introduction of scooters in a test area in the City of Waterloo. Rob discussed some of the concerns regarding potential liability in the event of an accident involving a scooter.

Decision may impact insurers on policies
Jun 2018
Rob was interviewed by the Law Times about a recent long term disability decision where the insurer was required to provide coverage to an individual who’s disability arose from his time at work but was not identified as an issue until sometime after the disabled person had left employment. The court felt that the employee’s conduct and performance drop off should have been indicators to the employer that there was something wrong with the employee. His job performance for some unknown reason had dropped off significantly and he was terminated. Rob felt that the outcome was impressive and the case itself was a good lesson for all plaintiff personal injury lawyers when dealing with a long term disability case – read the long term disability policy/contract carefully.

End use of ghostwriters in medical reports: lawyers
Jun 2018
Rob was recently interviewed for his comments about experts that use “ghostwriters” to assist in the preparation of medical legal reports. Rob commented that when a person is in court, seeking compensation for injuries suffered in an accident, that the court should be presented with the best evidence available, and with an expert opinion that is the sole opinion of the expert, not some unknown assistant.

Law Times - Artificial intelligence to impact personal injury law
Nov 2017
Rob was recently interviewed by the Law Times to discuss the impact of artificial intelligence in a personal injury law practice. Rob noted that while there could be benefits to the clients in the expanded use of artificial intelligence, such as in the area of legal research, one cannot discount the importance of the human element, especially when telling the client’s story to a jury.

Law Times - Ontario court finds disability claim was time-barred
Nov 2017
Rob was interviewed by the Law Times about a recent disability insurance decision that affected the limitation rights of an insured person and their ability to sue the insurer. Rob indicated that the provincial legislators should take a lead and expand the obligations of the insurer to provide the insured with clear information about their limitation rights when they are denied benefits. Until that time, it is important for any person that has had their disability benefits denied should consult with a personal injury lawyer immediately to ensure that they do not lose their right to sue.

Insurance Business Canada - Brokers need to battle on frontline for failing auto insurance system
Sep 2017
Rob was interviewed by Insurance Business Canada about the study which he commisioned in July 2017, looking into the purchasing habits of consumers with respect to optional auto insurance coverage.

TheRecord.com - Drivers balking at extra auto insurance coverage
Aug 2017
Rob commissioned a study in July 2017 looking into the purchasing habits of consumers with respect to optional auto insurance coverage. Rob was interviewed by The Record about the study. Of note, the study showed that there is a very low percentage of drivers that have purchased optional coverage. The study also identified that where the insurance broker did inform the driver about the available coverage then the driver was more likely to purchase optional coverage.

CambridgeTimes.ca - Left turns can be more dangerous than you think
Apr 2017
Rob penned a recent editorial outlining the dangers of left hand turns. In his practice as a personal injury lawyer, Rob often hears about the devastating effects where clients are injured by inattentive or negligent drivers who make left hand turns into the path of another vehicle. It is important for drivers to be patient, avoid distractions and take their time when driving on the road.

Law Times - Court favours man injured after tripping over bike
Apr 2016
Rob was interviewed in the Law Times about a recent case where an individual, who was hurt when he tripped over two parked motorcycles, was entitled to accident benefits. Rob noted that the role of a plaintiff personal injury lawyer is to assist clients with obtaining access to all benefits, including medical benefits, that are available to them.

Law Times - Families struggling with attendant-care limits
May 2015
Rob was interviewed by the Law Times about changes made to the payment of attendant care benefits where a family member is providing attendant care services. Rob noted the harshness of the changes and how it impacts families where family members have stepped forward to provide attendant care on behalf of a family member. The changes would add financial pressures on family members and impact the intangible benefits that a victim receives from the care provided by family members.

IMPORTANT CASES

Dowload PDF Milson and Aviva Canada
Our client was assigned a GCS score below 9 by the EMS attendants at the time of the accident. The insurer retained a neurologist to review the medical records. The neurologist's medical report provided that the GCS score was not properly assessed and a higher rating should have been assigned. The neurologist suggested that the GCS scores should have been higher than 9 and the insurer did not accept our client as catastrophically impaired. We were successful at arbitration in cross examining the neurologist to show that GCS score was properly assessed by EMS. The arbitrator accepted our position and rejected the neurologist’s opinion that the SABs were not properly applied and our client was found to be catastrophically impaired.

Dowload PDF Dawson v F.A.G. Bearings Ltd.
Our client was a long term employee at a factory. The factory was going through some downsizing and arranged to have our client transferred to a manufacturing line and a position that was new to our client. The employer alleged that our client's performance was not adequate and gave her several reprimands leading to her dismissal. We were successful in showing that the employer had wrongfully dismissed our client.

Dowload PDF Vandergaag and Aviva Insurance
The insurer denied that the insured was catastrophically impaired. The insured had pre accident learning challenges that were documented. Despite that, we were successful in showing that the insured was suffering from a marked impairment due to a mental or behavioural disorder. We were also able to demonstrate that the insured was suffering from a severe disability on the Glasgow Outcome Scale as a result of her brain impairment.

Dowload PDF Doran and RBC General Insurance
The insurer took the position that the insured had been informed that his auto insurance policy had been cancelled prior to the accident. We were able to show that the insurer failed to properly provide the insured with adequate notice of the termination and further that the notice of termination itself was defective and therefore of no force or effect.

Practice Areas

  1. Car accidents
  2. Motorcycle accidents
  3. Automobile accident benefits
  4. Catastrophic injury
  5. Brain injury
  6. Paraplegia and Quadriplegia
  7. Spinal cord injury
  8. Drunk driving accidents
  9. Concussion syndrome
  1. Wrongful death
  2. Bicycle accidents
  3. Disability insurance claims
  4. Slip and fall injury
  5. Fractures or broken bone injury
  6. Pedestrian accidents
  7. Chronic pain
  8. Truck accidents
  9. Amputation and disfigurement

Personal Injury Blog

Nov 15, 2018
Supporting Those with Brain Injury is a Challenge
Nov 13, 2018
Look out City of Kitchener Property Owners – Shovel the Snow or Get Fined
Nov 12, 2018
Award Pursuant to Family Law Act Too High - Fiddler v Challenger Motor Freight
Nov 09, 2018
"The Times They Are A-Changing" - Instagram and Facebook Evidence Ordered to be Produced - Isacov v Schwartzberg, 2018 ONSC 5933 (CanLII)
Nov 08, 2018
Crashes with cyclists and pedestrians are on the rise locally
Nov 06, 2018
Steve Podborski is Still a Canadian Hero

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