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Derek G. Nicholson,B.A. LL.B.
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Mobile: 613.277.7201
Since 1980, Derek has been one of Ottawa’s leading civil Trial Lawyers. In his early years of practice he focused on Defense Insurance work. In the last fifteen years, he has focused on Personal Injury work especially in the area of Catastrophic Injury victims (including those affected by traumatic brain Injuries, spinal cord injuries and multiple injuries that have resulted in a 55% whole body impairment as defined under the Insurance legislation)
He is the chair of Beament Green's Personal Injury Group in Ottawa Ontario, working closely with his co-chair Personal Injury Lawyer, John Read. His approach and focus is on helping injured victims recover. He has guided hundreds of Plaintiffs through recovery by assisting in maximizing rehabilitation benefits and helping victims restructure their lives.
Over his 28 years of practice he has represented many high profile clients including the Attorney General of Canada in a three month Trial against Boeing USA; CJOH -TV; Blue Line Taxi; and in his early years represented several major insurance companies including Chubb Insurance; Royal Insurance. Although he represents exclusively Plaintiffs against Insurance companies, it is of great value that he represented insurance companies in the early years to obtain insight to assist Plaintiffs today.
Derek has also co-chaired a program on the recent changes to the Statutory Accident Benefits for Ottawa's Bar Association (the Carleton County Law Association) in the Fall of 2010.
Derek was elected a Director of the Ontario Trial Lawyers Association in May of 2011 for three years. He is now also a member of the OTLA rules committee and the OTLA cup committee which organizes an annual Moot Court in the area of personal injury for four of the law schools in Ontario
News:
May 2011: Derek Nicholson was appointed in Toronto to a three year term as a Director of the Ontario Trial Lawyers Association. OTLA is a cutting edge Advocacy organization specifically designed to champion Plaintiff's rights in the area of personal injury. January 2011: Derek Nicholson succeeded in obtaining a $6 million dollar settlement for a young man who was brain injured when he swerved out into the path of a car on his bicycle. The young man was not wearing a helmet. Expert evidence collected confirmed the helmet would not have helped him even had he had one at the rates of speed the car was going. The settlement has been approved by Mr Justice Ray and the funds are safely invested in a Structured Settlement to provide for his future needs On December 5th, 2010 Derek Nicholson's landmark decision in Krofchak involving torts of defamation, intentional interference with Economic Relations, Inducing Breach of Contract and Conspiracy was the subject matter of a cover story in News Papers across Canada including the Ottawa Citizen, the Calgary Herald and the Montreal Gazette. The decision is now before the Supreme Court of Canada on a Leave to Appeal Application brought by the Respondents
November 2010: Derek Nicholson presented to the Ottawa Insurance Broker's Association on Potential Liability of Insurance Brokers after the reduction of No fault accident benefits under Reg 34/10 effective September 1st, 2010
August 2010: Ontario Court of Appeal Upholds Alleslev-Krofchach et al vs. Valcom et al Decision
Derek Nicholson, with the assistance of Toronto Court of Appeal specialist Ronald Slaght, was successful in maintaining his victory at Trial in the case of Alleslev-Krofchak et al vs Valcom et al with respect to the developing torts of inducing breach of contract, intentional interference with economic relations, conspiracy and defamation. A copy of the Decision can be viewed here.
August 2010: Derek Nicholson has been appointed by the Directors of the Ontario Trial Lawyers Association to the Rules Committee, the Intervention Committee and OTLA Cup/Law School Outreach Committee.
July 2010: Derek Nicholson was recently appointed to the Ontario Trial Lawyers Association's Interventions Committee.
May 2009: Derek Nicholson and Megan Murphy were successful in winning a four week trial in the case of Alleslev-Krofchak et al vs Valcom, et al. The Plaintiffs were successful in recovering $100,000 in damages for defamation, $100,000 in damages for interference in economic relations and in establishing a conspiracy. The Plaintiff also recovered significant damages for economic loss with the total Judgment approaching $1,000,000 with interest and costs. A copy of the decision can be viewed here.
Fall 2009: Derek Nicholson presented 'Damages Relating to Children' - an overview of various issues relating to maximizing the recovery of damages for injured or deceased children at the Ontario Trial Lawyers Association Fall Conference 2009. The document also contains a comprehensive 'Injured Child Assessment Form' and in-depth references. (Paper written by Derek Nicholson, Tania Astorino & Megan Murphy)
Past Decisions: Articles - Complex Catastrophic Impairment under Ontario Statutory Accident Benefits Legislation: the Desbien Decision: Written by Derek Nicholson for the Montebello Civil Litigation Update 2006
- Recent Supreme Court of Canada Developments with respect to Foreseeability and Causation: Written by Derek Nicholson for the Ontario Trial Lawyers Association Presentation at the Prince Hotel Toronto, 2007
- Damages relating to Children - An overview of various issues relating to maximizing the recovery of damages for injured or diseases children - Presented at the Ontario Trial Lawyers' Association, Fall Conference 2009. Written by Derek Nicholson. Tania Astorino and Megan Murphy.
- Need to Obtain Order for Ongoing Benefits - Tactical Strategy when on going accident benefits have been terminate. Presented to the Beament Green Personal Injury Group on March 1st, 2010
- Statutory Accident Benefits and Regulation 43/10 "THE ROAD AHEAD FOR IMPECUNIOUS VICTIMS" Paper originally presented to the Carleton County Law Association on May 25th, 2010
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