What is Tort law in Ontario?
Mar 1, 2024
Experiencing an injury due to an accident can be a distressing ordeal. Among the physical and emotional toll, the aftermath can involve seeking medical treatment, insurance matters, vehicle repairs, and legal proceedings. If you find yourself in a lawsuit following an incident, it’s essential to understand the intricacies, particularly in the realm of tort law in Ontario.
Lawsuits stemming from accidents, especially those involving motor vehicles, can be multifaceted. Typically, there are two parallel legal avenues: Accident Benefits (AB) claims and tort claims. While both are vital, this piece primarily delves into tort claims, shedding light on what individuals can anticipate when pursuing such actions.
Understanding Accident Benefits in Ontario
Ontario operates under a ‘no-fault’ insurance system, aimed at aiding victims of motor vehicle accidents in their recovery from physical and psychological injuries. Regardless of fault, individuals are entitled to receive Accident Benefits, outlined in the Insurance Act and the Statutory Accident Benefits Schedule.
These benefits encompass various forms of assistance, ranging from medical treatments like physiotherapy and counselling to income replacement for those unable to work due to injuries sustained in the accident. It’s important to note that Accident Benefits are exclusive to motor vehicle collisions.
Understanding Tort Claims
A tort claim amounts to a civil lawsuit when an individual suffers injury or loss due to someone else’s negligence. Whether it’s a car accident, slip and fall, dog bite, or medical negligence, if another party’s actions lead to harm, a tort claim may ensue.
In motor vehicle collisions, individuals often pursue tort and AB claims. However, a tort claim typically stands alone for other types of accidents.
Navigating the Tort Claim Process
The journey through a tort claim involves several phases. First is the pre-claim phase. This requires gathering relevant information and issuing formal notices. A family law lawyer can help with this stage. Next is the pleadings phase where you will submit a Statement of Claim, outlining the incident and desired outcome. Defendants must respond with a Statement of Defence within given timelines.
The discovery phase will follow. This is an exchange of evidence and participation in examinations, where parties are questioned under oath regarding the incident. If chosen by both parties the mediation phase would take place next. This is where parties convene with a mediator to explore settlement options.
If parties choose not to go the mediation route then you will have to prepare for trial, narrowing issues and potentially reaching agreements before formal proceedings. Going through a trial can be costly and time consuming so it’s always best to consult with your lawyer about options.
Financial Considerations
A common concern pertains to the financial implications of legal proceedings. Typically, insurers bear the burden of defending and potentially settling claims on behalf of insured defendants. In cases where defendants lack insurance, alternative avenues such as the Motor Vehicle Accident Claims Fund may provide recourse for victims.
Navigating the complexities cases where injury or damage to property takes place demands expert legal advice. If you’re contemplating or embarking on a lawsuit to address injuries or losses, our team at Kelly Jordan Family Law is here to offer comprehensive guidance and support.
Kelly D. Jordan Family Law Firm – Specializing in Tort Law in Ontario
It’s important to consult with a family law lawyer as soon as you encounter issues related to injury or harm. Our team can provide guidance and legal representation tailored to your unique circumstances. With our help, you can work towards a fair and just resolution. Contact the Kelly D. Jordan Family Law Firm today.
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