Ottawa Lawyer | Legal Threshold to Sue After an Ontario Car Accident

Ottawa personal injury and accident lawyer Brenda Hollingsworth spoke to several hundred personal injury lawyers in Toronto on Friday, May 29, 2009 about the legal threshold to sue for injuries for pain and suffering after an Ontario car accident.

The talk focussed on 3 cases decided over the past thirteen months: Nissan v. McNamee, Sherman v. Guckelsberger and Soubourin v. Dominion of Canada.

These cases consider whether changes made to the Insurance Act in 2003 (which are only now making it to court) actually change the standard judge are applying to plaintiffs suing for damages for pain and suffering. At this time, injured victims in motor vehicle accidents must prove that they have been serious and permanently injured before they can advance a claim for damages. Brenda’s conclusion was that unfortunately, the trend seems to be toward tightening the restrictions.

However, fortunately, it is expected that the provincial government will announce changes to this law very soon and that the changes will benefit accident victims who wish to obtain comensation through the courts. We will be posting videos and blog posts about these changes when they are announced.

Whether or not you meet the legal threshold to sue is a legal question that should be answered for you by a lawyer acting in your best interest. If you would like to inquiry about your injury and a possible law suit, contact us for a free initial consultation.

About the Author: Brenda Hollingsworth

Brenda Hollingsworth co-founded Ottawa’s Auger Hollingsworth in 2005 with her husband Richard Auger. Together, their mission was to create a personal injury law firm for Eastern Ontario that is unrivalled in the province for customer service and legal expertise. Brenda was named an Ottawa Business Journal Forty Under 40 award recipient and took home the Women’s Business Network’s Businesswoman of the Year award in the Professional category. She was also recognized as one of Ottawa Life Magazine’s “Top 50 People in the Capital.” She is often quoted as an expert and has appeared in media outlets such as CTV, The Globe and Mail, National Post, Ottawa Citizen, Sun Media, CBC, Toronto Star, Montreal Gazette, CFRA and many legal publications.

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