Case Studies and Legal Analysis from Your
Lawyers in Barrie, Ontario

Evidence is the cornerstone of proving any type of legal claim. The courts generally wish to rely on objective facts and tangible evidence rather than solely subjective accounts. But what happens when, for reasons out of your control, the evidence that you must rely on to prove your case no longer exists?

If you are unfortunate enough to be injured in a car accident, you may find yourself fighting for Statutory Accident Benefits (SABs) while you are also pursuing tort litigation. If this is the case, it is important to know that any SABs you receive from your insurer can be deducted from your tort award. For example, this means that any income replacement benefits you receive can be deducted from the loss of income portion of your tort award. While this may seem frustrating, the courts wish to ensure that plaintiffs are not being compensated twice for the same loss.

Experiencing a disability can make planning for the future much more stressful. In 2008, the Government of Canada introduced the Registered Disability Savings Plan (RDSP) to help Canadians with disabilities save for retirement. An RDSP is an account you can contribute to until the end of the year you turn 59, and which typically operates as a pension fund once you’ve turned 60.

When you suffer an injury that prevents you from continuing to work, a large part of your damage award is often comprised of something called your “loss of future income.” Despite the existence of many online calculators, determining future income loss is rarely straightforward and must involve the consideration of numerous contingencies. Graham v Rourke is an important case that tackles these issues and provides guidance in determining what you might be entitled to in the event of a debilitating accident or injury.

Imagine you are playing a game of poker. In this game, you get dealt an amazing hand, but you don’t have very much money left. Unlike your opponent, who has a seemingly endless amount of money! You want to bet big and win as much as you can but you’re worried that, as unlikely as it may be, that your opponent somehow has a better hand. So, what do you do? Well, the question would be made much simpler if only you had insurance that would protect you if you lost. In the world of litigation, there exists a form of insurance that does protect you in the very kind of situation described above.

If you have become disabled or injured as the result of an accident, the opinions of medical experts hired by insurers may become a barrier to your case. In addition to the treatment and assessments provided by your own doctors, you will have to undergo independent medical assessments (IMEs) scheduled by your insurance company. This blog will explain how the court can treat the opinions of professionals hired by insurers and how their opinions might affect your case.

If you were injured in a motor vehicle accident, you might need treatment. SAB benefits may help you with some of your costs. This blog will explain what SAB benefits are, how a SAB claim is made, which injuries entitle you to benefits and what those benefits are.

If you are insured and have been injured in a car accident, you are entitled to Statutory Accident Benefits (“SABs”). SABs are what Ontario Lawmakers decided are the minimum benefits an insurance company can offer their clients who were injured in a car accident.

If you have suffered a personal injury because of someone’s negligence or carelessness, you may need to start a lawsuit to receive fair compensation for your injuries. Starting a personal injury lawsuit may seem complex and confusing at first, but the lawyers at Littlejohn Barristers are here to guide you through the process. Here is a brief overview of the process which may help your understanding.

If you have begun a personal injury lawsuit due to the injuries you have suffered as a result of someone’s negligence or carelessness, it is likely that you will require medical legal assessments to substantiate your claim for damages. Medical experts provide major pieces of evidence in serious personal injury cases.

A part of your Statutory Accident Benefits Claim (SAB) is assessing your overall level of physical and psychological impairments as a result of the accident. Whole Person Impairment, or WPI, is a calculation tool that determines whether or not your injuries meet the ‘catastrophic’ definition. This is measured in percentages based on a table found in the Fourth Edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment. If a licensed physician determines that your injuries result in a 55 percent or more Whole Person Impairment (WPI) of your whole body, your injuries are considered catastrophic, by definition.

While it is possible to collect both long-term disability (LTD) and Canada Pension Plan (CPP) payments at the same time, many LTD plans state that you may not use both benefits to create a larger sum.

An insurer must act in utmost good faith to provide peace of mind to the insured. This is why an internal appeal can be made should a long-term disability (LTD) claim be refused.

What is a Pedestrian Accident?

Pedestrian Accidents are “Metal on Flesh” accidents. This occurs when a motorist hits someone who is not in a vehicle. Any accident of this nature can result in serious injuries.

We, at Littlejohn Barristers, have developed an expertise in Long Term Disability (LTD) and Canada Pension Plan Long-Term Disability (CPPD) Claims.

If you have a pre-existing condition that was made worse by an accident, and you decide to sue, it is likely that an argument will be made that either the “thin skull” or “crumbling skull” rule applies. Your lawyer will advance the first principle; defence counsel will argue the second.

Causation simply means that, in terms of a personal injury, someone else's negligence was a cause of your injury. There are two methods to prove causation. 

There are special circumstances which may result in a passenger being held liable for injuries sustained following a motor vehicle accident. Typically, motor vehicle accidents occur primarily as the result of negligent drivers.

Social host liability is a situation in which, as a result of a social host's actions or inaction, damage or loss was sustained by another party. Typically, lawsuits regarding social host liability have involved those hosting a social gathering which got out of hand.

It is common to have a whiplash injury in most types of car accidents. The neck is exposed and not restrained by a seatbelt. This injury can be more traumatic if the vehicle’s airbags do not deploy.

Under the Ontario Residential Tenancies Act (“RTA”), a landlord has the primary duty to maintain the premises in a "good state of repair and fit for habitation” and to comply with any applicable maintenance standards established by law.

It is well established in Canadian law that an insurance contract, and the corresponding relationship between insurer and insurer, is one of “utmost good faith.” This duty operates reciprocally, as the insurer must complete their obligations in good faith in exchange for the insured’s promise to present their claims in good faith.

In contrast to private property, where individual owners are responsible for maintenance and the safety of visitors, public property is owned by the state, as the property interest and its corresponding liabilities are vested in the government.

Section 2(1) of the Compulsory Automobile Insurance Act states that “no owner or lessee of a motor vehicle shall, (a) operate the motor vehicle … on a highway [defined as any road or parking lot that is intended for or used by the general public,] unless the motor vehicle is insured under a contract of automobile insurance.”

If you have been injured in a motor vehicle accident, you are eligible to receive provincial Statutory Accident Benefits (“SABs”) from your automobile insurer, regardless of who is at fault. These benefits are governed by the Statutory Accident Benefits Schedule (“SABS”), which is a regulation enacted under the Insurance Act that sets eligibility standards for the SABs. Claiming benefits under the SABS require corresponding with your SAB adjuster who is assigned to your file.

In 1980, the Ontario government instituted the Occupiers’ Liability Act (“OLA”) in order to replace the more complicated common law system with a statutory scheme that governs all claims that occur after individuals are injured on another’s property. These are called Occupiers’ Liability claims (“OLA Claim”). 

If you have been involved in a motor vehicle accident you are able to collect no-fault Statutory Accident Benefits (“SABs”) provided by your insurer.

The lawyers at Littlejohn Barristers recently had the pleasure of representing P.V. in his License Appeal Tribunal (“LAT”) Reconsideration Hearing. This decision confirmed the principle that pre-emptive denials do not start the limitation period without there being discoverability, or eligibility for benefits, in the first place.

If you have been injured in a motor vehicle accident, there are several ways in which you can receive compensation.

This blog post will focus on Pre-Existing Injuries, a designation that can substantially increase entitlements to med-rehab benefits beyond the MIG. For more information on the categories and their criteria, please see our Introductory Blog.

This blog post will focus on Psychological Symptoms and Impairments. For more information on the categories and their criteria, please see our Introductory Blog.

This blog post will focus on a common consequence of motor vehicle accidents: Concussions. For more information on the categories and their criteria, please see our Introductory Blog.

This blog post will focus on Chronic Pain. For more information on the categories and their criteria, please see our Introductory Blog.

If you have been injured in a motor vehicle accident, you are eligible to receive provincial Statutory Accident Benefits (“SABs”) from your automobile insurer, regardless of who is at fault.

The Disability Tax Credit (“DTC”) is a non-refundable tax credit available for individuals who have a severe disability.

The Workplace Safety and Insurance Board is the provincial government agency primarily responsible for administering and enforcing the Workplace Safety and Insurance Act.

The purpose of tort damages is to compensate the injured party and, so far as money can, put the plaintiff back into the position he or she would have been in prior to the accident.

The Ontario civil justice system is adversarial, which involves two competing parties presenting their best arguments in front of a neutral and impartial arbiter (i.e. the judge or jury).

The negative consequences of personal injuries are rarely experienced individually, as loved ones and dependents may become financially or emotionally burdened by the incident.

The majority of injured plaintiffs have access to multiple claims and benefits as a result of an incident.

Automobile insurance policies are standardized, with many companies following the Ontario Automobile Policy 1 (“OAP 1”) as their benchmark.

The Compulsory Automobile Insurance Act (1979) established a system of insurance for all vehicles on a public highway.

The Statutory Accident Benefits Schedule (“SABS”) defines benefits available to anyone injured in a car accident, regardless of who is at fault.

Ontario’s government-funded welfare system is made up of two components: (1) Ontario Disability Support Program (“ODSP”) and (2) Ontario Works (“OW”).

The Canada Pension Plan (“CPP”) is a social insurance program that provides a variety of benefits for those who pay into the plan if those individuals experience income disruption or loss.

Disability insurance policies exist to provide replacement income should you become disabled and are unable to work. Policies of this nature are intended to provide “peace of mind.”

‘Punitive damages’ are additional damages beyond pure compensation that may be court-ordered in a civil action. 

The License Appeal Tribunal (“LAT”) is an independent administrative tribunal created under the Licence Appeal Tribunal Act, SO 1999, c. 12, Sched. G. 

According to the seminal case on the law of damages, Andrews v Grand & Toy Alberta Ltd, 2 SCR 229 , an injured party’s damages are to be assessed through various heads of damage.

Despite there being no authoritative definition of ‘chronic pain’, the term has been accepted by both the courts and the medical community to include a variety of conditions. Littlejohn Barristers delves into the legal ambiguities of chronic pain.

On May 15, 2019, the Ontario Court of Appeal released its decision on Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, 2019 ONCA 393 (CanLII) . A group of physicians brought forth the appeal, after unsuccessfully challenging a pair of policies established by the College of Physicians and Surgeons.

According to Rule 47 of the Rules of Civil Procedure (as well as section 108(1) of the Courts of Justice Act  for Superior Courts), any party to a civil suit has the substantive right to have the action tried by both judge and jury. After the trial has been conducted in the presence of six jurors, the presiding justice closes with a ‘Charge to the Jury,’ which is effectively a set of legal rules for the jury to follow in their deliberation. 

Long-Term Disability (LTD) insurance has the purpose of protecting you financially if you cannot work due to an injury or illness. Unfortunately, many LTD claims are rejected by the insurer. If you are considering whether to dispute the denial, consider speaking to Littlejohn Barristers, your Barrie personal injury lawyers to assess your case. Some common reasons for denial of claims are provided here below.

In 2017, 154,886 Canadians, including 35,972 Ontarians, were injured in Motor Vehicle Accidents; a number that is inclusive of all drivers, passengers, or pedestrians injured in automobile and motorcycle accidents (Transport Canada's National Collision Database and Ontario Road Safety Annual Reports). 

The doctrine of joint and several liability, also known as the ‘One Percent Rule’, is a famous concept in tort liability and well-established in the jurisprudence. The concept conveys that when two or more parties are found to be jointly and severally liable for a tortious injury, each party is independently responsible for the full extent of the injuries stemming from the tortious act (Blackwater v. Plint, 2005 SCC 58 (CanLII)). 

If you have just been in an accident, you may be wondering about the range of damages to which you are entitled. However, there is no “one size fits all” answer to this question since there are many reasons why a personal injury action may settle.

There are many different reasons to hire a personal injury lawyer. For starters, beginning the conversation with a lawyer will enable you to discuss what happened to find out if you have a personal injury claim. If serious harm occurred as a result of someone else’s negligence, then you may be eligible for compensation.

If a dog attacks someone, then its owner may be responsible for any damage caused by the dog. However, the way in which you may be liable will depend on the circumstances. Under the Dog Owner’s Liability Act, you are liable for any damages caused by the dog if you are the dog’s “owner” as defined under the Act. However, even if you are not the dog’s “owner”, you may still be liable under the Occupier’s Liability Act for failing to ensure that your premises were reasonably safe for people coming onto your property. You may also still be liable at common law for negligence.

Declaring bankruptcy can have a profound effect on a person’s tort or statutory accident benefit (SAB) claims. Normally, a person would receive his damages or benefits at the end of an action. A declaration of bankruptcy, however, may result in some or all of those damages or benefits being paid to a trustee in bankruptcy. It is therefore necessary to understand the legislation and jurisprudence that govern the effects of declaring bankruptcy on tort and SAB claims. In this article, we will first provide a brief outline of the relevant legislation, and then analyze the case law that surrounds this issue.

One may imagine a scenario where a patient, healthcare provider, administrator, or third party initiates a disciplinary proceeding against a healthcare provider. However, legal practitioners may be surprised to discover that any documentation or records created for a proceeding in a healthcare regulation body cannot be used in a subsequent civil proceeding. 

One can imagine scenarios where a landlord chooses not to repair the chain supporting a chandelier. The chandelier then falls and breaks the skull of an unsuspecting tenant. Because of the seriousness of these injuries, the tenant cannot work, and cannot therefore pay rent until the injury fully heals. After a few months of arrears, the landlord finally evicts the tenant. In other words, the landlord is responsible for the arrears, but evicts the tenant anyway.

Many victims of motor vehicle accidents may be surprised to hear that Ontario’s legislation requires them to show that their injuries meet certain requirements before the court can compensate them for their health care and rehabilitation expenses. These requirements are known in the legal community as “the threshold”. However, not all losses are subject to this threshold.

Summary Author: Littlejohn Barristers 

Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873

Heard: May 11, 2017

Decision Released: November 16, 2017

Summary Author: Littlejohn Barristers

Cobb v. Long Estate, 2017 ONCA 717 & El-Khodr v. Lackie, 2017 ONCA 716

Heard: April 3 and 4, 2017

Decision Released: September 19, 2017

Summary Author: Littlejohn Barristers 

Brake v. PJ-M2R Restaurant Inc., 2017 ON CA 402

Heard: February 1, 2017

Decision Released: May 23, 2017

Summary Author: Littlejohn Barristers 

Dunk v. Kremer 2017 ONSC 1547

Heard: January 20, 2017

Decision Released: March 7, 2017

Summary Author: Littlejohn Barristers 

Woodhouse v. Snow Valley, 2015 ONSC 2802:

Heard: February 20, 2015

Decision Released: April 29, 2015

Counsel
Plaintiff: Marc Lemieux
Defendant: Ted Chadderton

If you have had a personal injury accident in Ontario, you will want the best legal representation possible in order to maximize your compensation claim. You will not only want to hire a lawyer to represent you legally, but obtain the most effective representation possible.

If you have suffered a personal injury accident in Barrie or Collingwood, Ontario, you will want to obtain financial compensation through a personal injury lawyer. There are several stages possible in a personal injury lawsuit, with the potential for a settlement at any time. Each of these stages of an Ontario personal injury lawsuit is outlined in more detail below. The steps begin with hiring a lawyer and sending a notice of intention to the defendant that you intend to file a lawsuit. Your lawyer will file the initial court documents. Next, there is a fact-finding and discovery period. The majority of cases settle instead of going to trial, however, Littlejohn Barristers will try to find the best resolution for your case.