First - seek medical attention and follow the advice of your doctors. Second - report what has happened to the police and your insurance company. Third - call Cook Reynolds. We can help you with the forms you need to submit to the appropriate accident benefits insurer to help initiate your treatment. We can advise you with respect to dealing with the claims process for treatment and weekly benefits and advise you as to your rights. We can let you know about the potential claims you might have and put any potential defendants on notice. We can help you secure the evidence that you may need to prove your case down the road.

Call us immediately. There are very short timelines for giving notice in slip and fall cases, particularly where the fall is due to snow or ice. For Municipalities, the Notice Period is 10 Days. For other defendants, there is a new Notice Period of 60 Days if on private or commercial property. It is important that these Notice Letters go out as soon as possible and evidence is obtained that you may need to prove your case.

The short answer is that it’s complicated. Timelines vary depending on the type of claim you are bringing and the municipality. For slip and fall claims there are very short timelines for giving notice when the fall is due to ice or snow.

Generally speaking, you have 30 days to apply for accident benefits, however this often does not bar a claim if the application is late.

For issuing a Statement of Claim the general rule is that it must be issued within two years of the cause of action arising. However, there are discoverability rules that apply, and the limitation period is sometimes found not to have started to run until the claim discoverable by you and commencing litigation was reasonable. Also, early in COVID limitation periods were suspended for a period of approximately 6 months and this might affect the time you have to bring a claim.

Generally speaking it is best to ensure you speak to a lawyer promptly in order that all timelines are being met

We are happy to provide a free consultation and discuss the timelines that apply in your particular circumstances.

First, we always provide a free initial consultation. During that consultation we will talk about the type of fee arrangement that applies to your case.

If you have been injured in an accident, have lost a loved one in an accident or have a disability claim against a long term disability (LTD) insurer we will typically agree upon a contingency agreement.

Recently the Law Society of Ontario mandated the form of the contingency agreement and set the maximum rate at 30%. We will talk to you at our initial consultation about the rate that will apply in your particular case.

For other types of cases we may agree on an hourly rate. Legal fees and expenses are a concern of every client and we want to be as transparent and open as we can about fees and disbursements. We will take the time to fully explain our fees. It is important that you have a full understanding, so please ask us any questions you may have.

There is no question that lawsuits take time. Sometimes they take several years. We will do our best to move your case forward as quickly as possible. Sometimes it will take a number of months or even years to determine how you will recover from injuries or until you reach your maximum medical recovery. As the case moves forward we will also diligently watch for opportunities to settle the case. Sometimes we can achieve a settlement before we even commence an action.

We are happy to speak to you about an anticipated timeline based on the particular facts of your case.

Let’s talk about it! Sometimes we blame ourselves for not doing everything we could to avoid an accident. Often, there are numerous causes and multiple parties at fault for an accident. Where there are multiple parties at fault the apportionment of fault is usually expressed as a percentage. For example one party may be 75% to blame and the other may be 25% to blame. We can give you advice on who is likely to bear what percentage of fault for your accident. Even if you are entirely at fault you may have entitlement to Statutory Accident Benefits.

Damages are the amount that can be awarded to you, if you are successful in proving that another party has caused you to suffer injury. There are many different types of damages. Let Cook Reynolds ensure you are being fairly compensated and secure what you are entitled to.

In a tort case, some of the damages that you might be entitled to but not limited to would be:

GENERAL DAMAGES

These are often referred to as pain and suffering. This type of damage is designed to compensate you for the loss of enjoyment of life and how your injuries have affected your ability to function and carry on a normal life. Essentially these damages compensate you for the physical and emotional pain you experience because of your injuries.

This form of compensation acknowledges the profound impact a serious injury may have on you beyond the injury itself. Other things like quality of life and affecting one’s ability to participate in sports, hobbies, or activities they loved prior to the accident, are also factored in.

SPECIAL DAMAGES

These are the types of damages that you can measure in terms of money. Examples of such a loss could include loss of income or wages, loss of opportunity, out of pocket expenses, damage to property and medical bills to name a few. These damages can be determined by adding up all the plaintiff’s quantifiable losses. In other words, the specific financial losses and expenses that were incurred or will be incurred.

Economic Losses
If you are unable to work following the accident you can claim for past loss of wages. In addition you may have money that will be lost in the future due to an inability to work and therefore the loss of an economic benefit. Even if you do return to work you may be at a disadvantage or unable to take advantage of valuable opportunities and/or your capacity to earn money may be diminished.

Future Care Costs
Money for cost of future care allows the Plaintiff to secure an amount necessary to acquire medical and other professional assistance, items and service required that will restore them, as much as possible to the person that they were before the injury occurred.

Housekeeping & Home Maintenance
An injury can have a substantial impact on your life, including the inability to perform valuable services, housekeeping, or day to day activities. In addition to not being able to perform the duties of your jpb, you may also be unable to maintain your home and property.

FAMILY LAW ACT DAMAGES

In the event of injury or death, family members can sue for their loss of care, guidance and companionship. In addition, they may have dependency claims for the loss of shared family income, loss of household services and many other damages.

In other types of cases there may be other damages available. Contact us to discuss what types of compensation may be available to you or your family.

A mediation is a facilitated settlement meeting. The lawyers often hire an experienced lawyer or other experienced person with expertise in the subject area of the case to act as a neutral party and to help them resolve the case.

The mediator is not there to decide the case or make any rulings or orders. They are there to keep the parties talking and focused on the common goal of resolution. Although the mediator may raise some of the strengths and weaknesses of your case and might talk to you about the risk, a mediator is not on any one party’s side.

A mediator might also talk about the law, or about what might happen if the case goes to trial. He or she is not there it give legal advice but might raise issues that you will want to discuss with your counsel.

A mediation is what is called a “without prejudice” settlement discussion. That means what you or anyone else says at the mediation cannot be used later on in the litigation or at the trial of the action. If for example you said it was bright and sunny at the time of the accident at a mediation, but at trial said it was dark and stormy, no one could cross examine you on the discrepancy. Similarly, if offers are made at the mediation, they are typically “off the table” if the case does not settle. No one can raise the fact that an offer was made, or the particulars of the offer later in the litigation.

Mediation is usually the best opportunity during the litigation to settle the case. Knowing a mediation is approaching, lawyers prepare by ensuring they have marshalled the necessary evidence, obtained any documents necessary to settle the case, and secured expert opinions if appropriate. At a mediation the parties will have exchanged briefs that include memos about the case and key documents. They will have prepared themselves by reviewing the file and their clients by talking about strategy and what to expect at the mediation. Most importantly the parties will have set aside time to resolve the case and the decision makers (the clients) will be present to hear the position of the other parties and ultimately decide if the case resolves.

Call us! Cook Reynolds can help you determine whether or not you have a case against your LTD insurer. This will depend upon the specific wording of the policy and your specific medical limitations. We can also help you with the claims process and dealing with adjusters.

Many insurers when denying your benefits will offer an internal appeal process in which you can submit further information and ask them to reconsider. We can discuss whether appealing is something you should do. Asking the insurer to reconsider their position on an appeal frequently does not change their position and often delays the process. In some cases, it might make sense to commence an action rather than submit to an internal appeal process.

Quite often we see clients who have received letters that their LTD benefits will be terminated around the two year mark. Many policies have a test change around this point in time where the test changes from an “own occupation” to an “any occupation” test. This is not always the case and it is important to have a lawyer review the policy carefully to determine what policy provisions apply to your case.

It is important to know that the “any occupation” test does not literally mean any occupation usually there are qualifiers in the policy that the proposed occupation must be suited to you be it by reason of your education training or experience and of a comparable level of remuneration. In some policies there may be a clause that further defines total disability to include your being unable earn a certain percentage of the gross income you were earning at the time of you became disabled.

If you have contributed to CPP and have a disability that regularly stops you from doing any type of work and is of long term or indefinite duration, you will probably want to apply for CPPD disability benefits. To qualify you must have a severe mental or physical disability that prevents you from doing any type of substantially gainful work on a regular basis. There is also additional criteria that you must meet in order to be successful including being under the age of 65 and having paid into CPP for four of the last six years during the contribution period or if you have paid in for 25 years or more three of the last six years. There are some exceptions and we can help with those.

Many long term disability policies will have wording that makes applying for CPP disability mandatory after a certain period of time. In some policies the wording allows them to estimate the amount of the benefit and deduct it even if you have not applied. Often when settling the case the insurer will insist on taking a deduction for the amount of CPP even though it is not certain that you will qualify or what the benefit amount will be. This creates risk and uncertainty for you and can make resolution difficult. We are happy to speak to you about how applying for CPP disability will affect your case and help you with the process.

If you have already applied and been denied often the appeal period is only 90 days from the date of the denial letter. Therefore, it is important that you reach out to an experienced lawyer so that they can review the original decision and see if there are grounds for appeal. In many cases, the claim has been wrongfully denied and time is of the essence.

If you were injured in a car accident, you must report the accident to the police. This is a required step if you want to apply for SABS.

If you were injured by a motor vehicle including as a pedestrian, cyclists, motorcyclist, passenger or driver you qualify for accident benefits Under Ontario’s ‘no fault’ insurance, you apply for accident benefits from your own insurance company, even if it was someone else who was at fault. If you are not insured, then you may apply against the insurance policy of your immediate family or the driver who caused the accident.

Income replacement benefits: If you are unable to work, you may qualify for benefits of 70% of your gross income, capped at $400 per week. You have the option to increase of up to $1,000 per week.

Caregiver benefits: If you cannot provide care to a dependent, you could receive compensation to hire someone to help you care for them. This applies to specific injuries. You can add optional endorsements to include all injuries.

Non-earner benefits: If you don’t qualify for income replacement, are a student, and cannot continue on daily life as previous to the incident, you may qualify to receive $185 per week.

Medical, Rehabilitation And Attendant Care Benefits: This will help with medical and rehab expenses that are not covered by a private health plan or the government.

Mandatory coverage includes up to $65,000 for non-catastrophic injuries or up to $1 million for catastrophic injuries.

Medical and rehabilitation benefits: This covers the cost of health care and rehabilitation. This includes physiotherapy, prescriptions, chiropractic, counseling, and other services not covered by OHIP or through your group plan (if applicable).

Attendant care benefits: If you are unable to continue as a primary caregiver, you will be provided with assistance at your home or healthcare facility to help you recover from a serious injury. This helps single-parent families, families with one stay at home parent, and households with other dependents. It includes up to $250 per week and an additional $50 per week for each subsequent dependent living in the house.

Death And Funeral Benefits: In the event if you pass away as a result of an accident, the following will be paid out:

$25,000 to your spouse

$10,000 to each of your dependents

A maximum of $6,000 for funeral expenses

$10,000 to former spouses if the person had financial obligations to them

Other Expenses:
Additional expenses can be covered, including:

Lost educational expenses: Compensation for lost tuition, books and other education related expenses up to $15,000.

Expenses of visitors: Reasonable expenses incurred by family and friends to visit you during recovery and treatments. Your spouse, children, grandchildren, parents, grandparents, siblings, certain other dependents, and guardians qualify.

Housekeeping and home maintenance: Receive up to $100 per week for reasonable expenses to help with housekeeping and maintaining your home while you recover.

Damage to clothing, glasses, and other belonging: Receive compensation for damaged clothing, glasses and other personal medical devices damaged during the accident.

Cost of examinations: Compensation for the cost of examinations related to treatments as part of your recovery.

When someone is injured it usually effects their employment as a result of them not being able to go back to work. There are times where an injured person may lose their job and need representation to ensure that they are treated fairly and their rights are protected if this in fact happens.

If you’ve been fired, you need to obtain legal advice before agreeing or signing anything. Let us help you secure the severance package you deserve. It is important that you understand your rights and make an informed decision on how to best handle your employer.

The following is outlining the statutory minimums under Ontario’s ESA, 2000:

Length of Employment & Minimum Notice Required

Under 3 months: None

3 months to under 1 year: 1 week

1 year to under 3 years: 2 weeks

3 years to under 4 years: 3 weeks

4 years to under 5 years: 4 weeks

5 years to under 6 years: 5 weeks

6 years to under 7 years: 6 weeks

7 years to under 8 years: 7 weeks

8 years or more: 8 weeks

The above table set out the minimum amount of notice that must be given to employees. It is important to note that the statutory minimums generally do not fully satisfy the employers’ obligation and the employees’ entitlement. Cook Reynolds LLP can help ensure that you receive the compensation you are entitled to.