How Evidence Can Make or Break Your Ontario Personal Injury Case
Why proper documentation is the foundation of a successful claim
When you have been injured in a motor vehicle collision, slip and fall, or denied long-term disability (LTD) benefits, the success of your case hinges on one crucial factor: evidence. Most clients do not realize that even strong injuries and compelling personal stories can fall short if the supporting evidence is not admissible, reliable, or properly introduced.
In an Ontario personal injury lawsuit, evidence is not simply “accepted.” It must meet strict legal standards. Documents must be authenticated and filed correctly, and witness testimony must be presented in an admissible form. Understanding these rules early in your claim can drastically strengthen your case and avoid delays or surprises in court.
What Counts as Strong Evidence?
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Medical Reports
Medical documentation is often the backbone of a personal injury claim. Medical reports are not automatically admissible for their truth of their contents. Reports must meet requirements under the Evidence Act, including timelines and the professional role of the author. A well-prepared case ensures medical evidence is not only accurate but properly introduced.
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Business Records
Business records — such as physiotherapy notes, employment records, or insurance documents — must meet specific conditions before they can be used in court. They must be created in the usual course of business and close in time to the act, transaction, or event being proved. Even then, a judge may require additional testimony if a record is unclear or incomplete.
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Photos, Videos, and Written Statements
Visual evidence is powerful — but only if it is authenticated. Someone familiar with the scene must confirm that the photo fairly and accurately depicts what they observed. Videos may require proof they have not been altered.
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Your Past Statements
Statements made to insurers, doctors, or during discovery can be used to challenge your credibility. Consistency matters, and reviewing transcripts before trial is essential.
Why Legal Strategy Matters
A skilled personal injury lawyer does not just gather evidence — they ensure it can actually be used. That includes:
- Preparing and responding to Requests to Admit
- Serving notice letters under the Evidence Act
- Calling witnesses to authenticate documents and testify
- Preventing the opposing party from misusing your prior statements
Need Help Building a Strong Case?
Our firm has been representing injured Ontarians since 2005, and we know how to build evidence that stands up in court.
If you have been injured or denied LTD benefits, contact us today for a free consultation.
