A recent appeal heard in the Ontario Divisional Court made my blood boil.
Why? Let’s set the context for modern car accident and personal injury law in Ontario.
Being a personal injury lawyer is an uphill battle. It’s a real life David vs. Goliath fight featuring what’s usually an unsophisticated accident victim of limited means who has never litigated a case in his/her life vs. a highly sophisticated multi billion dollar insurer whose litigation costs are a part of its business model.
The Plaintiff is seriously injured and looking to get the compensation they deserve so they can move on with their lives as best they can.
The Defendant is looking to minimize their cost exposure by any legal means necessary. The Defendant insurer will conduct “independent” medical examinations by doctors who are paid directly by the insurer or through third party contractors (also paid by the insurer) to defeat a Plaintiff’s case. The insurer will conduct in person and cyber surveillance to find out what a Plaintiff is up to to defeat their case. The insurer will constantly test and re-test the credibility of a Plaintiff because they don’t believe what they’re saying. The insurer has an unlimited war chest at its disposal.
Those are just some of the pitfalls and hurdles which personal injury lawyers have come to expect from the combative state of modern personal injury litigation in Ontario.
But there are also procedural pitfalls and hurdles which an injured Plaintiff must overcome as well. And it’s one of these procedural hurdles which is the focus of this week’s edition of the Toronto Injury Lawyer Blog.