Motor Vehicle Accidents

Accident Benefits

Regardless of who is at fault for the accident, you are required to make an application with your own insurance company for what are known as Statutory Accident Benefits. These benefits may include payment of an income replacement and medical
rehabilitation expenses. For a detailed analysis of which benefits you are entitled to please contact us for a free consultation.

Tort

What is my case worth?

When assessing the value of a claim, one must look at the injury and what limitations you experienced due to the injury. How has your injury affected your daily living, and your ability to work?

Types of damages include, medical treatment, housekeeping and home maintenance
services, pain and suffering and loss of income (past and future).


It is important to note that a claim for pain and suffering that arises out of a motor vehicle accident must meet what is known as “threshold”. In order to overcome this threshold, the injuries from the accident must have resulted in some serious impairment/disfigurement that is permanent. The injuries may be of a physical or psychological nature.

If a claim meets this threshold, there is a deductible of over $36,000.00 that is applied. So for example, if you were awarded $50,000.00 you would not be entitled to the first $36,000.00, leaving you with an award of $14,000.00. If the award is over $100,000.00 the deductible does not apply.

The above may sound confusing but our lawyers here at SLS would be pleased to provide you with a free consultation, where we can answer all of your questions in greater detail.


Slip and Fall

What is a slip and fall accident?

A “slip and fall” or “trip and fall” accident is exactly what it sounds like. It is when a person slips or trips due to dangerous conditions. Of course, there are other situations besides a fall that may cause injuries.

In what circumstances would I have a case?

All owners/occupiers are charged with a general duty of care to ensure that their premises are in a safe condition and a state of good repair. If this duty of care is not met, and you are injured as a result of unsafe conditions, you may be able to recover monetary compensation for your injuries.

What to do after a fall?

Seek medical care immediately.

Obtain the names and addresses of any witness.

Use your cell phone to photograph the accident scene and especially the “dangerous condition” that caused you to fall.

Report the accident to someone that appears to be in charge of the premises such as a manager or security personnel.

There are limitation periods that must be met when making a claim for damages against the party at fault and some limitation periods (such as notice to the City), are shorter than others.

Feel free to contact us for a free consultation and we will be happy to discuss your situation in detail.

Wrongful Dismissal

Can my employer fire me without paying me anything?
In general, an employer has an obligation to give an employee ‘notice’ if they are firing that employee. If you were fired and there was no ‘cause’ for your termination, or if the notice provided to you was not ‘reasonable’, then you may have been ‘wrongfully dismissed’, and you may be entitled to receive money from your employer as ‘payment in lieu of notice’.
Each employment situation is unique, so ask our team for advice.
My employer fired me and alleged that it was for “just cause”, but I disagree. I think I was wrongfully dismissed.

Is there anything I can do about it?
Just because your employer believes they had a legitimate reason to fire you without paying you, does not mean they are correct. The test for firing someone ‘with cause’ is determined on a case-to-case basis, and is constantly evolving. Ask our team for advice about your particular case.

Constructive Dismissal

My employer has not fired me, but my workplace duties have been negatively changed,
and it feels like my employer is trying to get me to quit. What can I do? You may be able to claim that you have been ‘constructively dismissed’, if your employer has substantially altered your contract. Some examples of ‘substantial changes’ to your contract that may amount to a constructive dismissal are: a demotion, a significant change in your job responsibilities, a reduction of your salary, a change in your work hours or a relocation of your office. This list is not exhaustive, and each case is decided on its own facts, so ask our team for advice.

Discrimination

My employer treats me differently than my colleagues, and I believe it’s because of my age, race, gender, religion or sexual orientation. What can I do? Each case is decided on its own facts, but you may be entitled to money if your employment opportunities have been limited due to discrimination. Ask our team for advice about your particular situation.

Workplace Harassment

My supervisor is constantly harassing me at work, and it is making me uncomfortable. What can I do?
Your employer has a responsibility to provide a safe and violence-free workplace, and is responsible to protect you at work from bullying, teasing, and other abusive, unwelcome or offensive behaviour. If you feel that you are being harassed, you may be entitled to compensation. Ask our team for advice about your particular situation.

Disability

Not able to work as a result of a physical or psychological disability. Has your insurance company denied your short term or long term disability benefits?

Our team of experienced lawyers can help. We will vigorously fight the insurance company for you to ensure that you receive the best possible settlement. As always, we don’t get paid unless you do. For a free consultation please contact us.

Canada Pension Plan (CPP) Disability Benefits

I applied for CPP disability benefits, but my application was denied. What can I do?

There are a number of reasons why your application could be denied, so we would have to review your denial letter to determine if we can help you. However, there is an appeal process in place for dealing with denied applications.

If you are under the age of 65 and do not think you can ever work again due to disability, we would be glad to review your denial letter and determine whether we think your application should be appealed. Call our team and ask for advice.