Guelph519 837 2100 | 1 800 746 0685

Fergus519 843 1960 | 1 800 746 0685

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Please contact our office directly to discuss your legal requirements or for more information on our services. If you wish to contact one of our lawyers directly please visit the Our Team page.

Guelph Office

105 Silvercreek Pkwy. N.
Suite 100 Guelph, ON N1H 6S4

Mailing Address

P.O. Box 1240
Guelph, ON N1H 6N6

Phone: 519 837 2100
Fax: 519 837 1617

Toll Free: 1 800 746 0685

Email: guelphinfo@smithvaleriote.com

Fergus Office

265 Bridge Street
Fergus, ON N1M 1T7

Mailing Address

P.O. Box 128
Fergus, ON N1M 2W7

Phone: 519 843 1960
Fax: 519 843 6888

Toll Free: 1 800 746 0685

Email: fergusinfo@smithvaleriote.com

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Car Accidents

Related Services

Accident Benefits  >  Personal Injury Law

Information on Motor Vehicle Tort Claims in Ontario

Liability & Damages

There are two parts to any lawsuit arising out of a motor vehicle collision.  First, one must be able to establish liability against the at fault driver and/or any other party who may be liable for the incident.  The second part is to establish that you have sustained losses as a result of the other party’s actions or inactions. In order to bring a lawsuit arising from a motor vehicle collision in Ontario you must be able to prove both liability and damages.  

In Ontario, you may be entitled to sue for losses arising from injuries sustained in a motor vehicle collision if another person is at fault. These losses include:

  • pain, suffering, and loss of enjoyment of life;
  • loss of income;
  • housekeeping and home maintenance losses;
  • future care expenses; and
  • special damages 

Pain, Suffering, and Loss of Enjoyment of Life 

Non-pecuniary general damages are awarded for intangible injures that serve the purpose of putting the Plaintiff in the position he or she would have been in had the injuries not occurred. These are the damages awarded for pain, suffering, and loss of enjoyment of life. 

Loss of Income 

If as a result of the injuries you sustained in the collision you have sustained a loss of income, you are entitled to sue for that lost income. These damages are broken down into past and future loss.  For past loss of income you are entitled to 70% of your gross pre-trial income. For any future income loss  you are entitled to 100% of your gross income.  Both past and future income loss damages are subject to reduction for other income loss benefits such as income replacements benefit or disability benefits, and you are not entitled to claim any pre-trial income loss for the first 7 days after the collision.

Housekeeping and Home Maintenance Losses 

If as a result of the collision you sustain an impairment that results in an inability to perform the housekeeping and home maintenance services that you normally performed before the accident, you may be entitled to compensation for your loss of housekeeping and home maintenance capacity.  This would include compensation for your loss to complete previous chores, compensation for difficulties you may have in completing your pre injury chores and compensation for any out of pocket expenses in relation to housekeeping and home maintenance.   

Medical Expenses

All past, present, and future health care expenses not covered by OHIP or by your accident benefits insurer are claimable if your injuries pass the “threshold test” as set out by the Insurance Act. 

Out of Pocket Expenses

You are entitled to recover all out of pocket expenses, known as special damages, which you have incurred as a result of your injuries.  In order to claim these damages you must be able to substantiate your losses. It is recommended that all receipts are kept and all expenditures are clearly and accurately recorded.

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Smith Valeriote Logo - Excellence in our Community

SmithValeriote Law Firm LLP has 30 lawyers servicing the province of Ontario including the communities of Waterloo, Kitchener, Fergus, Cambridge, Elora and Guelph.

Smith Valeriote - Map to Guelph Offices

Guelph Office

105 Silvercreek Pkwy. N.
Suite 100 Guelph, ON N1H 6S4

Phone: 519 837 2100
Fax: 519 837 1617

Toll Free: 1 800 746 0685

Email: guelphinfo@smithvaleriote.com

Smith Valeriote - Map to Fergus Offices

Fergus Office

265 Bridge Street
Fergus, ON N1M 1T7

Phone: 519 843 1960
Fax: 519 843 6888

Toll Free: 1 800 746 0685

Email: fergusinfo@smithvaleriote.com