OUR RECENT AND NOTABLE CASES: TRIALS AND SETTLEMENTS

Total Recovery: $10,128,600.67 (Recent)

• MVA: Road Authority

• A young woman loses control of her vehicle in dire weather conditions on a major county road. The snowplow operator was accepted as negligent for inadequately maintaining the roadway.

Total Recovery: $2,128,442.75 - Recent

• MVA: Pedestrian Parking Lot Accident

• A self-employed middle-aged man was smoking a cigarette in a parking lot. He was criminally struck by an impaired motorist. In addition to receiving payment of the $1,000,000.00 policy limits, costs were paid by the insurer to our client under the Victims’ Bill of Rights, 1995, at almost $100,000.00.

Total Recovery: $1,918,638.88 - Recent

• MVA: Highway 400 Accident

• A middle-aged union employee, already suffering from Parkinson's disease, is sideswiped by a tractor trailer on Highway 400. The impact made his Parkinson's worse, and he became unable to work. In addition to the above awards, he continues to receive Extended Health Care and CPP Disability benefits. He also receives a disability pension.

Total Recovery: $1,675,000.00

• MVA: Low-impact collision

• A middle-aged Brinks employee was involved in a low-impact collision. There was minimal property damage, and she suffered low back injuries. She continues to receive extended healthcare, CPP disability, and LTD benefits.

Total Recovery: $1,275,000.00 – Post-Trial Verdict

• MVA: Moderately Severe Chronic Pain

• A middle-aged Honda employee lost his home, wife, and children following an MVA. He suffered moderate chronic pain injuries. Unable to return to work full-time, he was able to work part-time at a government job. A jury awarded damages, and costs were awarded by the trial judge.

Total Recovery: $1,450,000.00

• Product Liability

• A 30-year-old local bank teller suffered a moderate concussion reclining in a defective lawn chair, striking her head. She was unable to return to work. In addition to the above award, she continues to receive extended health care, CPP disability, and LTD benefits.

Total Recovery: $269,033.57 plus re-instatement

• Wrongful Dismissal and LTD Claim

• Our client had severe psychiatric issues, which went ignored by an insurer. After the insurer reinstated benefits, a bad faith award of $49,452.46 was paid by our client’s employer in addition to the resolution of our client’s LTD and wrongful dismissal claims.

Total Recovery: $575,000.00 - Recent

• Premises Liability: Slip & Fall

• A college student slipped on ice near a cigarette receptacle. She suffered moderately severe neck and left arm issues. Surgery was required. She found employment and continued working part-time after the accident date.

Total Recovery: $300,000.00

• Premises Liability: Slip & Fall

• A middle-aged factory worker slipped and fell on a restaurant’s back steps, making his lower back worse. He had a significant pre-existing back issue. He continued to work full-time following the subject accident, although in a more limited capacity.

Total Recovery: $400,000.00

• MVA: Statutory Accident Benefits “Near accident”

• In attempting to change lanes on Highway 400, our client nearly struck another vehicle. She sustained moderately severe chronic pain injuries when her car spun out. This claim was paid despite there being no impact between the vehicles.

Total Recovery: $1,275,000.00

• MVA: Arguable Minor Impact

• A local office worker was laid off and was then involved in an accident when her vehicle was rear-ended. There was limited property damage to her vehicle. She was unable to return to work after her accident. In addition to the above awards, she continues to receive Trillium Drug Program and CPP Disability benefits.

Total Recovery: $3,400,970.22

• MVA: Moderate to Severe Chronic Pain

• A middle-aged Honda employee’s vehicle was T-boned on a country roadway. He suffered moderate chronic pain injuries. He was unable to return to work. In addition to the above awards, he continues to receive extended healthcare, CPP disability, and LTD benefits.

Total Recovery: $1,556,718.42 - Recent

• MVA: Collision with Minimal Property Damage

• A middle-aged police officer’s vehicle is rear-ended at low speed inside the city’s limits. He was diagnosed with moderate chronic pain and a concussion. He was unable to return to work. In addition to the above awards, he continues to receive extended healthcare, CPP disability, and LTD benefits.

Total Recovery: $1,897,148.59 - Recent

• MVA: Motorcycle Accident

• A young woman failed to stop at a stop sign. She struck a motorcycle at city speed in the intersection. Our client was travelling at the posted speed limit. He suffered a broken hip. In addition to the above awards, he continues to receive extended health care benefits, CPP disability benefits, and LTD benefits.

Total Recovery: $1,115,848.72

• MVA: Pre-Moore (ONCA, 2020) Wrongful Death

• A triple fatality occurred on Tower Hill, a spot north of Orangeville. A 55-year-old father was killed, leaving behind his wife and daughter. He had been a long-term janitor at a nearby high school.

Total Recovery: $1,605,839.99 – Trial Verdict

• MVA: Moderately Severe Ankle Injury Award 

• A young nurse, a seat-belted passenger, was badly injured in an MVA by a loaded truck, suffering a talus fracture. A jury awarded damages. Costs were awarded by the trial judge. It is the largest ankle award in Ontario’s history. It was upheld by the Court of Appeal.

Total Recovery: $3,683,479.05 - Recent

• Fire Loss

• A retiree lost his home in a fire during COVID. His insurance company refused to pay his claim. The replacement cost of the materials needed to rebuild the home had risen sharply. The insurer finally honored a guaranteed replacement cost clause in its policy.

Total Recovery: $900,000 - Recent

• Premises Liability

• Our client was walking to a BBQ at his neighbor’s home. He stepped into a deep, concealed hole on a town easement, severely fracturing his ankle. He was able to continue working as a service repairman, although in a more limited capacity.

Total Recovery: $485,000.00

• Premises Liability: Slip & Fall

• On an icy day, a woman slipped on ice while waiting to go inside for jury duty. She sustained moderately severe chronic pain injuries when she fell. She continues to receive extended healthcare, CPP disability, and LTD benefits.

Total Recovery: $379,503.19 - Trial

• Aviva Defensible Trial

• Aviva refused to pay a claim for a motor vehicle accident. A jury awarded damages. The trial judge awarded costs plus a remedial penalty award against Aviva of $50,000. The Court of Appeal upheld these claims in their entirety.

Total Recovery: $1,275,000.00

• MVA

• A local McDonald's crew member had her vehicle rear-ended while stopped at a red light. She sustained moderately severe chronic pain injuries and post-concussion syndrome. In addition to the above awards, she continues to receive CPP Disability benefits.

Total Recovery: $1,381,798.98

• MVA

• A local college employee was involved in an accident when her vehicle was rear-ended while stopped at a red light. She sustained chronic pain injuries in addition to psychological injuries. In addition to the above awards, her LTD benefits were reinstated, and she continues to receive CPP disability benefits.

Total Recovery: $2,446,172.90 - Recent

• MVA: Honda employee run over by truck while it was in reverse

• A young Honda employee suffered a serious ankle/talus injury. It was caused by a distracted, impaired motorist who backed up his truck over our client’s ankle. He was unable to return to work. In addition to the above awards, he continues to receive extended healthcare, CPP disability, and LTD benefits. He also has an ongoing claim for accidental dismemberment benefits.

Total Recovery: $2,100,000.00 – Trial Verdict

• MVA: Moderate Traumatic Brain Injury

• In 1995, a contractor suffered a moderate TBI driving to work on a Sunday morning. His vehicle was rear-ended by an impaired driver. Defense counsel offered $25k before the jury verdict. Our client’s jury award was used by his sons to build the Cookstown Outlet Mall. The jury’s verdict was upheld by the Court of Appeal at $2,100,000.00.

Total Recovery: $1,754,015.74

• MVA: Highway Accident

• A young woman was cresting a hill when another vehicle went into her lane at highway speed and struck her vehicle. She was injured and lost the use of her right hand. In addition to this amount, she continues to receive CPP Disability benefits.

Total Recovery: $2,006,949.57

• MVA: Pre-Moore (ONCA, 2020) Wrongful Death and Personal Injury Claim

• A mother and father were killed by a distracted driver on a county road, leaving two adult sons behind. One son, the driver, was badly injured in the subject accident. He continues to receive extended healthcare, CPP disability, and LTD benefits.

Total Recovery: $1,495,557.70

• MVA: Moderately Severe Chronic Pain Award

• A young woman’s vehicle was rear-ended on a city street. Our client, 32, sustained moderately severe chronic pain, a closed head injury, and psychological issues. She was unable to work.

Total Recovery: $350,000.00 - Recent

• Dog bite

• A local healthcare worker sustained a knee injury while trying to save his dog from a pit bull. He has continued to work full-time following the accident despite wearing a knee brace.

Total Recovery: $637,500.00

• Premises Liability: Tavern Liability

• Several local counsel refused to open this file. Our client tried to break up a fight in a bar. His neck was broken by a moderately impaired patron. This assailant fled the province. There was no possibility of recovering any compensation from him, only the tavern.

Total Recovery: $415,000.00

• Premises Liability: Two Trip & Falls

• A middle-aged contractor tripped on an uneven city sidewalk, sustaining a left non-dominant shoulder injury. He also subsequently tripped and fell on the raised corner of a mat in a store.

Total Recovery: $1,440,000.00 - Recent

• MVA

• A middle-aged assistant store manager’s vehicle was rear-ended at city speed. He sustained moderately severe chronic pain injuries. In addition to the above awards, he continues to receive extended health care benefits, CPP disability, and LTD benefits.

Total Recovery: $2,142,128.89

• MVA: Highway Collision

• A local PSW was injured when an impaired driver crossed the center line on the road and caused a collision. She sustained severe ankle fractures. In addition to the above awards, this client continues to receive extended healthcare and CPP disability benefits. She also has an ongoing claim for accidental dismemberment benefits.

Total Recovery: $2,020,214.29

• MVA

• An executive was involved in a motor vehicle collision when his vehicle was T-boned. His vehicle sustained very limited property damage. He sustained chronic pain injuries with post-concussion syndrome. He was terminated by his employer and received compensation for wrongful dismissal. He continues to receive extended healthcare, CPP disability, and LTD benefits.