Medical negligence cases are among the most difficult to prove and are defended vigorously by the medical professionals

Medical Malpractice

Medical professionals are highly trained and skilled practitioners who nonetheless commit negligence when treating or caring for patients. Hospitals and other medical facilities also are guilty of injuring patients through negligent practices or failures of oversight. If you or a loved one was injured and suffered damages due to the negligence of a medical provider, you can bring a tort claim against them, though you will be met by defense lawyers with considerable resources who will aggressively defend the doctors, nurses, chiropractors, and facilities who are accused of injuring you or a loved one.

What is Medical Malpractice?

A physician, nurse or any other medical provider has an obligation to exercise care when treating or caring for a patient and must adhere to a standard of care. In Ontario, this means that the provider must meet “that degree of care and skill which could be reasonably expected of a normal, prudent practitioner of the same experience and standing.” Similarly, a hospital is held to a standard of care that usually involves preventing defects in its system and policies when caring for a patient. However, hospitals are not held vicariously liable for the negligence of physicians in its facility as they are considered independent contractors and not hospital employees under Canadian law, unlike interns and residents.

A medical malpractice claim is one of negligence and the principles of this cause of action apply. The elements of a medical negligence or malpractice claim are:

  1. Duty of care—the physician must have treated the patient. If so, the provider owes a duty of care to the patient to provide the degree of care and skill that the average medical provider practicing the same specialty would provide
  2. Breach of the duty of care–the doctor’s conduct fell below or breached the standard of care by not properly diagnosing the patient’s condition, or by otherwise not providing the degree of care expected.
  3. Causation–the doctor’s error or failure to abide by the standard of care must be the cause of the patient’s injuries and damages or, if not for the doctor’s error or breach of the standard of care, the patient would not have been injured. This can be demonstrated by a showing that the patient’s condition worsened because of the error.
  4. Damages–the patient suffered damages. This includes medical expenses, lost earnings, and pain and suffering.

Examples of Medical Malpractice

As  noted, physicians must adhere to a standard of care when treating or caring for patients. This includes taking a thorough medical history, performing a proper examination and ordering applicable lab tests, interpreting and reporting the results, referring and consulting with other physicians, recognizing and acting upon symptoms so as to arrive at the correct diagnosis, disclosing to the patient the risks of a procedure, obtaining informed consent from the patient, prescribing proper medications, doing proper follow-up, and providing proper therapy and treatment options.

The following are other common examples of medical malpractice:

Failure to diagnose

This can include a misdiagnosis as well. If a provider does not correctly diagnose esophageal cancer and instead labels the patient’s complaints as a bad cough and where the correct diagnosis at the time would have vastly improved the patient’s chances for recovery or a longer life, this could be medical negligence. To sustain a claim, the error must have been one that a similar physician exercising reasonable care and skill would not have made. Also, the error must have led to delayed care, improper care, or no care at all which led to a worsening of the patient’s condition.

Delayed diagnosis

Similar to a failure to diagnose, a delayed diagnosis means that the condition becomes worse to where surgery or extreme measures must be taken. If a prudent practitioner of the same experience and standing would have diagnosed the patient’s condition under the same set of circumstances, then the subject physician’s omission fell below the accepted standard of care. The physician’s failure to consult with other physicians or to refer the patient to a specialist who could have correctly diagnosed the patient or earlier may also be considered malpractice in certain circumstances.

Medication Errors

Errors in the type or dosage of medication are not uncommon. If the dosage was incorrect, severe complications can develop. If delayed, it can lead to death. Medication errors occur as a result of:

  • Poorly written or oral communication
  • Understaffing
  • Failure to take proper precautions or follow established protocol
  • Inexperienced or ill-trained staff
  • System errors

Negligence may be found if the physician or provider:

  • Prescribed the incorrect medication
  • Administered the wrong dosage
  • Delivered an unintended medication
  • Failed to take the patient’s history and allergies
  • Failed to inform the patient of the risks associated with the medication
  • Failed to account for an adverse reaction to mixed medications

Medication error claims also include pharmacists who may have delivered medication to the wrong patient or improperly prescribed it.

Anesthesia Errors

Anesthesia is administered during various procedures so that the patient does not feel pain. The medical care provided by the anesthesiologist must meet the accepted standard of care. Errors in anesthesia may include the following:

  • Excessive anesthesia
  • Too little anesthesia so that the patient may experience pain while not being able to communicate to the doctor or nurses
  • A delay in delivering anesthesia
  • Delivering the wrong type of anesthesia
  • Failing to monitor and recognize severe reactions to anesthesia or to interactions with other medications
  • Failing to determine if the patient is allergic to the anesthesia and administering it either accidentally or intentionally
  • Failing to take into consideration the patient’s positioning during anesthesia administration that affects the patient’s blood pressure or blood supply to the brain that can result in death or brain damage
  • Defective equipment

Complications that can arise due to inadequate delivery or other errors can be catastrophic or fatal. There can be brain damage if there is inadequate oxygen to the brain, a condition called hypoxia. An error can also lead to paralysis, stroke, seizures, malignant hyperthermia, and death.

Birth Injuries

One of the more devastating consequences of medical malpractice is a child injured before, during or just after birth because of a medical error or omission. Common types of birth injuries are:

  • Fractures
  • Hypoxia leading to brain damage (umbilical cord compression or strangulation)
  • Cerebral palsy
  • Skull injuries
  • Brachial plexus or Erb’s palsy (nerve damage that can result in arm paralysis)
  • Facial paralysis
  • Cephalohematoma
  • Shoulder dystocia

Some of these injuries are the result of a failure to monitor the fetus which may be displaying signs of distress and not receiving enough oxygen. Improper use of forceps or vacuum extractors can cause serious injuries. Along with the attending physician or obstetrician, other responsible parties can include the delivery room staff, hospital staff, obstetric nurses, and doctor who negligently provided pre-natal care or failed to anticipate potential complications that a doctor with similar skills and experience would have noted in the exercise of reasonable care.

The symptoms of a birth injury may be apparent at birth or while the child is developing. You may find that the child is not meeting certain milestones such as crawling, standing or walking. The child may also demonstrate a lack of muscle coordination or have learning challenges.

Surgical Equipment Left in Body Cavity

Surveys from the U.S. Department of Health and Human Services show that surgical instruments such as sponges or tools are left in patient bodies in 12% of surgeries or about 6000 cases per year. In Canada, a report from the Organization for Economic Cooperation and Development (OECD) found the rate to be 8.6 of every 10,000 hospital discharges.

A patient may begin experiencing discomfort shortly after surgery that if persistent will show that the tool is the culprit after a diagnostic test. Other patients may go for months or even years before the cause of the extreme pain or complications is uncovered.

Hundreds of instruments and tools can be used during a surgery but all must be accounted for. A sponge or tool left in a body cavity can lead to infections, internal hemorrhaging, and death.

Failure to Obtain Consent

Before you are provided certain care such as surgery or other treatment, your provider is obligated to review with you the side effects, potential complications, and risks such as stroke, heart attack, emotional or cognitive changes, and others. Anything that could conceivably occur needs to be reviewed. If your doctor failed to inform you of a certain risk or complication that does occur and you suffer a severe reaction or condition that causes serious injury, you may have a claim for malpractice.

Issues in Pursuing a Medical Malpractice Claim

Medical malpractice claim are notoriously difficult to handle, which is why having an experienced and highly skilled Markham medical malpractice lawyer from Affinity Law is essential. Canadian physicians are protected by the Canadian Protective Medical Association (CPMA), which will vigorously defend the practitioner in a medical negligence claim. Of all medical negligence claims, 55.2% are dismissed or discontinued and 36.7% are settled. Of those claims that do go to trial, around 6.5% are found in favor of the doctor and 1.6% in favor of the patient. However, many of the claims that are dismissed or abandoned are because the legal practitioner failed to adequately investigate the claim, lacked the resources to continue to prosecute or litigate, or simply lacked the skills to pursue them.

If you or a loved one has a potential malpractice claim, there are certain facets of it of which you need to be aware:

  • All records need to be obtained. This includes any correspondence with the hospital or doctor, pamphlets that you were given, consent forms, bills, and any other records and documents related from all medical providers whom you saw for this case.
  • A team of experts is necessary who will advocate on your behalf. Having second, third and even fourth opinions on your case is beneficial, especially if they all confirm that a preventable error was the cause of your injuries and damages.
  • At least one expert is needed to establish the applicable standard of care that your provider was required to follow and to testify or report how your provider deviated from that standard or breached his/her duty to adhere to it.
  • There must be a direct connection between the alleged error and the condition or injury. Your experts must demonstrate that the doctor’s deviation from the standard of care directly led to the injury.
  • The medical provider will have to show that the error was unintentional and occurred while he/she was providing quality medical care that was consistent with and met the applicable standard of care.
  • You have 2-years from the date of the surgery or last time you received care from the doctor to file a lawsuit or it is waived.
  • If you are under 18, the 2-year statute of limitations is tolled, or delayed, until 2-years after your 18th
  • Even if the physician or staff committed an error, you have a high burden in showing that your injury and damages were the direct result of the error and would not have occurred but for the error.

There is a cap on general or non-pecuniary damages such as pain and suffering in medical malpractice cases of $380,912 with some exceptions in particularly egregious cases. There is no cap on pecuniary damages such as past and future medical expenses, lost earnings, and burial and funeral expenses.

If an error or omission in care or treatment is shown, the doctor can often prevail by introducing defense medical experts who will testify that the condition or injuries were caused by some other condition or would have occurred regardless of the alleged error. If a court determines that the defense experts are more credible or that your experts have not proved to its satisfaction that malpractice occurred or that it was the direct cause of your damages, you will not prevail. A poor result or outcome of a procedure or treatment is not enough to sustain a malpractice claim. Some conditions are difficult to treat and a doctor cannot be considered a guarantor of a favorable outcome. If you were informed of the known risks and complications such as infection or stroke, the provider will not be found liable. If more than one treatment option was available and acceptable by the medical community but which turned out poorly, the provider is not responsible.

Also, unless your condition or injury is severe or serious, few legal practitioners will pursue the claim even if the error clearly constituted malpractice.

For any medical malpractice claim brought to us, you can expect a Markham medical malpractice lawyer from Affinity Law to:

  • Obtain a detailed history from you or family
  • Determine if your damages are significant enough to purse the claim
  • Accumulate all medical records pertaining to your claim from every practitioner who cared for you or the family member
  • Carefully review, identify and analyze the medical issues relating to the standard of care
  • Provide the records to medical experts to review and provide opinions on negligence, causation, and damages

Call a Markham medical malpractice lawyer from Affinity Law if you or a loved one suffered serious injuries and damages from a suspected medical error. We will take the time and effort to explain our procedures for handling such cases and give you an informed opinion about the possibilities for a satisfactory resolution of your claim.

Call us today for a free consultation at 1 844 786 LAW 1 (5291).

A dog bite is usually a nip or a small tear to your hand or leg, but in some cases the dog can leave permanent and disfiguring scars,

Chronic Pain

CHRONIC PAIN

Markham Chronic Pain, Neck & Back Injury Lawyers

Neck and back injuries are one of the leading causes of chronic pain for individuals. A 2019 survey by the Chronic Pain Association of Canada (CPAC) reported that chronic pain patients are experiencing a decline in quality of life, increase in pain, destruction of relationships, and are at a higher suicide risk. Approximately 10.5 million Canadians (30%, or one in three) suffer from chronic pain and 2 million Canadians suffer intractable, high-impact chronic pain, with most requiring opiate medicine to function and carry on with life.

Chronic pain is usually defined as constant or intermittent pain that stays for longer than three to six months after initial onset. Often, chronic pain is caused or worsened by injuries that do not heal properly like whiplash or a back injury from a car accident. Back injuries also account for many workers’ compensation payments. Activities involving bending and twisting like lifting, carrying, and lowering are most likely to result in back and neck injuries. Neck injuries can result from repetitive movements that place strain on the neck and shoulder area. Activities like weightlifting, contact sports, heavy duty construction work and others can cause chronic damage to the neck and shoulders.

Insurance Companies and Chronic Pain Claims

Insurers can be skeptical regarding claims of chronic pain as it is an invisible injury in numerous cases (unlike an objective injury e.g.fractures) and may deny your claim as a result.Many individuals with chronic pain disorders also suffer mental health issues like depression. Chronic back pain has many causes including car crashes, traumatic accidents, and more. These injuries can be devastating, stressful, and very challenging (financially and otherwise) to manage on your own.

Many long-term disability (LTD) claims involve individuals suffering from chronic pain conditions. These can include Arthritis, Fibromyalgia, Myofascial Pain Syndrome and Chronic Fatigue Syndrome. Very serious back injuries can also result in paralysis.

Symptoms of a back injury include but are not limited to muscles spasms, lower back pain, chronic back pain, tenderness and stiffness and numbness or tingling of an extremity (limbs).

How Affinity Law Can Advocate for You?

The most important thing to do after an incident is seek medical attention as many will not be immediately apparent. If your back was injured in an accident, it is expected that you will be receiving therapy for months, if not longer. These therapies can get expensive and with the assistance and support of a Markham accident lawyer from Affinity Law, you can leverage relevant legal expertise and engage our extensive network of legal and medical professionals, to help you in securing the best treatment and compensation you deserve.

We understand the devastating effect that chronic pain can have on one’s quality of life, and we are devoted to serving our clients and support them in getting back to the normality of life. At Affinity Law our Markham injury lawyers understand the impact of chronic pain and help you recover the compensation you need and deserve to improve your quality of life.

If you or a loved one were injured as a result of the negligence of another party, you may be entitled to compensation for your injuries, medical bills, lost wages, and pain and suffering.

Contact US

Our lawyers have a unique advantage on other law-firms in this area of practice. We have previously defended insurers that provide long term disability insurance to individuals suffering from Chronic pain. Our lawyers can help you understand your insurance policy so that you know what benefits you are entitled to and how to support your claim with the proper medical documentation. We also assist with collecting evidence,that connects your pain to your injury in structured ways,to compel the insurance companies to give proper consideration to your claim.

If you need help, schedule a free consultation with a Markham chronic pain lawyer by calling us at 1 844 786 LAW 1 (5291) or email us at info@affinitylawyers.ca. We serve the whole Greater Markham Area including Hamilton, Caledon and Ajax.

A dog bite is usually a nip or a small tear to your hand or leg, but in some cases the dog can leave permanent and disfiguring scars,

Breaks and Fractures

BREAKS AND FRACTURES

Fractures & Broken Bones

A bone fracture means there is a break in the continuity of any bone. Individuals can suffer from broken bones in almost any part of the body, from the skull or spine to the ribs, arms, legs, or pelvis.

Fractures can result from falls, impact injuries, or another traumatic events. People working in dangerous occupations, e.g. industrial workers and those who have been involved in car, bicycle or truck accidents are particularly at a high risk of suffering from a broken bone. Bone fractures are usually very painful and often incapacitate the individuals from performing routine tasks.

Depending on the location of the bone and the type of fracture that occurred, different treatment and pain management techniques are used.

Types of Fractures

Below is a non-comprehensive list of various fractures that are commonly experienced by individuals involved in accidents etc.

Complete fracture – this happens when the bone fragments are entirely separated
Simple fracture – occurs when the bone breaks but does not puncture the skin
Compound fracture – happens when bone breaks and pierces the skin.
Compression fracture – usually occurs in the spine, where one or more vertebrae collapse
Displacement fracture – occurs when the broken bone moves from its original location to a strange angle
Incomplete fracture – occurs when the two bone fragments are still partially joined
Spiral fracture – occurs where some part of the bone has been twisted

EFFECTS of FRACTURES and BROKEN BONE INJURIES

The best option for any fractures or broken bone injuries is prompt and appropriate medical attention, either by surgery or through a cast or sling, pain management or any other type of non-surgical treatment.

However, even after these remedies, fractures can still result in serious and permanently debilitating complications for patients, occasionally resulting in multiple surgeries or amputations.

Below are some of the long-term effects of bone fractures:

  • Permanent reduced range of motion and loss of use;
  • Permanent or partial loss of use or disability;
  • Chronic pain;
  • Nerve damage;
  • Joint problems;
  • Anxiety and depression;
  • Loss of strength; and/or
  • Arthritis

Suffering from any of the above long-term effects can affect your job, employ ability, and the standard of living (social, recreational, and family life).

Depending on your case you may be entitled to compensation for these injuries including money for pain and suffering, loss of enjoyment of life, out-of-pocket expenses (including medical expenses, transportation costs etc.), cost of future care, past and future wage loss, and loss of earning capacity.

Talk to us to – we can advise you on the next steps

Our lawyers have a unique advantage on other law-firms in our area of practice. We have previously defended insurers that you are fighting, and we intimately know the criteria that is applied in the claim calculation process. We effectively advocate for our client’s best interests with that advantage.

If you or a loved one have suffered a fracture injury because of another party’s negligence, the experienced personal injury lawyers at Affinity Law can help evaluate your specific case to determine whether you have a valid claim.
We have a remarkable track record of victories in handling cases involving all types of personal injuries and accidents, including catastrophic injuries, motor vehicle accidents, work accidents, slip and falls and industrial accidents.

Contact our office at info@affinitylawyers.ca or 1 844 786 LAW 1 (5291) for a free consultation. We look forward to helping you gain the compensation you deserve.We serve the whole Greater Markham Area including Hamilton, Caledon and Ajax.

Psychological and PTSD Claims

Many people experience some level of depression, stress or anxiety at various times in their lives.But if your stress, anxiety or depression was caused by an accident or injury, can you recover compensation for your psychological condition if it impairs your ability to perform your job or to engage in normal, routine activities? Is it necessary that a physical injury be the cause or trigger for a legal claim of psychological injury or post-traumatic stress disorder? These are all questions, issues, and considerations that an experienced Toronto psychological damages lawyer from Affinity Law can address for you.

Claims for Mental Distress or Anguish

In many personal injury lawsuits where an injured person is bringing a claim based on the negligent conduct of another person or entity, the claimant will allege damages for medical expenses, lost income, diminished quality of life, pain and suffering, and psychological or mental distress. Mental distress claims can include a wide array of symptoms:

  • Anxiety and stress
  • Depression
  • Phobias
  • Changes in mood and personality
  • Post-traumatic stress disorders (PTSD)
  • Sleeping problems or disturbances
  • Weight fluctuations or inconsistent eating patterns
  • Nausea
  • Diarrhea
  • Chronic fatigue
  • Lack of sexual desire
  • Mood swings, irritability and aggression
  • Lack of interest in social activities
  • Chronic pain

It is necessary that a medical professional relate these symptoms to mental distress so as to prove a causal connection to the accident or incident as being the direct cause of your distress.

Types of Lawsuits Involving Mental Distress

Any personal injury lawsuit can include a claim for mental anguish, anxiety, or distress such as:

  • Car accidents
  • Pedestrian accidents
  • Medical malpractice
  • Product liability
  • Premises liability
  • Wrongful death
  • False arrest
  • Intentional torts—sexual assault, sexual abuse, unlawful imprisonment
  • Sexual harassment

Although not essential to sustaining a viable claim for psychological harm, the more severe the incident or accident, the more credible your claim. Your psychological damages lawyer from Affinity Law can help with proving the seriousness of your injury so that you can collect the benefits to which you are entitled.

Is Physical Injury a Prerequisite?

Physical injuries are not a prerequisite for alleging psychological damages though most cases do involve a physical injury that leads to emotional distress or other psychological harm. You can bring a claim for psychological distress harm against a negligent party if it meets a two-part test:

  1. The emotional or psychological injury was a foreseeable consequence of the defendant’s wrongful or negligent conduct; and,
  2. The psychological injury you are suffering fromis serious enough to be a recognizable psychological condition or illness

A recognizable psychological injury or condition is typically one found in the Diagnostic Statistical Manual (DSM)-VI used by psychologists and psychiatrists when diagnosing patients. If your symptoms fit the criteria of a condition such as post-traumatic stress disorder that is severe or critical enough, you can be awarded certain benefits and your claim can go forward toward collecting additional compensation in a third-party claim. The threshold or standard to pursue a third-party claim for a physical or psychological injury is “a serious and permanent impairment of an important physical, psychological or mental function,” or one that has severely affected your ability to engage in your daily living activities.

Some unusual cases of psychological distress claims that Canadian courts have allowed to continue include:

  • Prison inmates sued the federal government for “uncomfortable detention” wherein they allegedly were denied lack of access to sunlight, a barber, sufficient library resources, and adequate sleep resulting in extreme depression, erosion of self-worth, feelings of hopelessness, and nervous shock.
  • A Calgary resident who sued a grocery co-op after she was banned for shoplifting alleged defamation, shame, loss of family honor, and which led to her husband’s suicide.
  • An Ontario motorist who was allegedly speeding, texting and under the influence of alcohol sued 3 bicyclists whom she ran over and caused serious injuries to one and fatal injuries to another alleged her own psychological suffering including PTSD, extreme depression, and catastrophic impairment and anxiety. She did claim the cyclists did not have lights on their bikes, were not wearing helmets, and were not riding in a “prudent manner.”

Although these claims may seem extreme, there are often issues that news reports do not include that would justify or support reasonable and highly plausible allegations of mental distress. In the majority of accident cases where psychological harm is alleged, there are serious and credible factors that cause injured victims severe distress that diminishes their enjoyment of life and ability to function normally.

How to Prove Emotional Distress

While Canadian courts allow a claim for emotional distress without an accompanying allegation of a physical injury, your opportunity for receiving substantial compensation is heightened if there is a physical injury element. Usually, the more serious or traumatizing the injury, the better chance the claimant has to prove that he/she did suffer emotional distress. For example, a person who suffered a permanent disfiguring scar on her face, or who is permanently impaired and in chronic pain and may never work in his chosen career or pursue a favorite activity has a much more provable claim of depression, anxiety, and distress than someone who alleges a strained back or repairable torn cartilage in his knee has caused him or her extreme anxiety.

While Canadian courts allow a claim for emotional distress without an accompanying allegation of a physical injury, your opportunity for receiving substantial compensation is heightened if there is a physical injury element. Usually, the more serious or traumatizing the injury, the better chance the claimant has to prove that he/she did suffer emotional distress. For example, a person who suffered a permanent disfiguring scar on her face, or who is permanently impaired and in chronic pain and may never work in his chosen career or pursue a favorite activity has a much more provable claim of depression, anxiety, and distress than someone who alleges a strained back or repairable torn cartilage in his knee has caused him or her extreme anxiety.

Other factors that can demonstrate severe distress include:

  • Duration of the condition—the longer you suffer on-going and chronic pain, the more credible is your claim that you are suffering severe emotional distress
  • Related bodily harm or condition—your distress is accompanied by physical signs of distress
  • An extreme underlying cause—you were a victim of a bombing, robbery where you were shot or stabbed, kidnapped, raped, or survived a car accident where one or more persons in your vehicle died or suffered gruesome injuries
  • Loss of employment—you lost your job as a result of your physical injuries
  • Medical records confirming nature and extent of your injuries
  • Psychiatric or psychologist’s records confirming visits, medications, and therapies
  • Physician’s report confirming your symptoms

If you demonstrate certain physical signs, this can be essential in proving that your psychological distress is real and sustainable. These are difficult claims to pursue that will require the skills of an experienced psychological damages lawyer from Affinity Law or an insurer will likely deny your claim.

Family Law Act

Immediate family membersthat includes spouses, children, siblings, parents, and grandparents can also pursue a separate claim for pain and suffering or emotional harm if a loved one suffered serious and permanent injuries or was killed in an accident. These damages are for the loss of the loved one’s guidance, comfort, care, or companionship.

Post-Traumatic Stress Disorder (PTSD)

A consequence of a particularly distressing or traumatic accident or incident such as a serious car accident,combat, a horrific natural disaster, sexual assault,pervasive sexual abuse or harassment is the onset of PTSD. This is a recognized psychological disorder characterized by feelings of anxiety, panic or fear from a triggering factor that can cause them to re-experience the trauma even if they are not in imminent danger of physical harm.  PTSD can present as intense or serious an impairment as any physical injury.

Assault victims can sue their assailants for emotional distress or PTSD if they exhibit the recognized symptoms in civil court, even if the defendants are not prosecuted in criminal courts. The civil standard for holding a defendant liable for civil damages is less than that for criminal defendants and is not dependent on the defendant being found criminally responsible. Along with seeking damages for emotional distress, a victim can also pursue damages for lost income, medical expenses, and any other financial losses attributed to the defendant’s negligence or criminal conduct.

Mental health professionals have classified PTSD and its symptoms into 3 distinct categories:

  1. Re-experiencing symptoms and suffer flashbacks and nightmares
  2. Intentionally avoiding symptoms—staying away from triggering events that can revive the traumatic incident, experiencing memory loss, emotional numbness, avoiding social contacts
  3. Hyper-sensitivity—overly sensitive, quick to anger, being constantly on edge, trouble sleeping

Car accident victims may suffer injuries that extend beyond the physical ones. It is not uncommon for an injured claimant to experience panic, anxiety, an extreme reluctance to drive a car or even be a passenger. This can cause substantially interfere with a person’s enjoyment of life or ability to engage in routine, daily activities. However, insurers typically are skeptical of PTSD claims and will require significant proof and medical or psychiatric documentation that you are indeed suffering form this condition and that it is severe enough to interfere with your ability to perform your job or to engage in routine, daily activities. For this reason, retaining a PTSD lawyer from Affinity Law soon after your accident can prevent any rejection or delay in receiving benefits.

Car accidents are the most prevalent incident that leads to PTSD in those claiming emotional harm in lawsuits or claims since they are the most common personal injury claims. This is unsurprising given the millions of cars on our highways and roads every day. Some estimates are that 10% of car injury victims experience PTSD to some degree. Risk factors that can precipitate PTSD from a car accident include:

  • Severe or traumatic car accidents
  • A serious physical injury
  • Other vehicle occupants were severely injured or killed
  • You felt that your life was threatened
  • You may have had a prior traumatic experience
  • There is a history of mental illness
  • You mentally re-experienced the trauma shortly after the accident
  • There is a history of drug and substance abuse that has unduly influenced your mood and behavior

There is a family history of PTSD

Limits on Damages for Pain and Suffering or Emotional Distress

Damages for pain and suffering, which includes psychological or emotional distress, in Canadian courts are limited. Before your claim is even eligible for a non-pecuniary (non-economic) award, you must prove that your psychological injury in this case has resulted in “a serious and permanent impairment of an important physical, psychological or mental function.”

If your claim meets this threshold test, then your non-pecuniary damages award is statutorily limited to a current cap of $380,912, a figure that fluctuates annually depending on the rate of inflation. However, your award in an Ontario court is subject to a deductible of $38,818 unless your award for pain and suffering is at least $129,395.49 as it currently sits. For example, if you are awarded $100,000 for emotional distress, it will be reduced to $61,182.00. If your award was $40,000, you would receive only $1,182.00. Any award that does not exceed the deductible will result in your not receiving any non-pecuniary damages. There is no cap or limits on economic losses, which includes lost income and medical expenses.

For family members who are able to claim non-pecuniary damages for their loved one’s catastrophic injuries, their damages are subject to a current deductible of $19,409.49, unless their loved one died in which case the deductible does not apply to reduce the award. Their claims, however, must exceed a floor of $64,697.21 before the deductible can be waived. These deductibles increase by a rate of 1.6% annually.

Retain a Toronto Psychological Damages Lawyer

Obtaining benefits for emotional distress or for suffering from PTSD as a result of the negligent or wrongful conduct of another person can be difficult. There are significant barriers to overcome, complicated applications to complete for benefits, deadlines to meet, and medical and other documents to obtain. Having an experienced and dedicated Toronto personal injury lawyer from Affinity Law to handle your case from the outset can significantly increase your opportunity to receive benefits and reasonable compensation for your damages.

Call us today for a free consultation at 1 844 786 LAW 1 (5291).

Wrongful Death

There is nothing more devastating than losing someone you love in an accident. These lethal accidents can occur as a result of someone else’s negligence in a variety of situations such as a car, truck, pedestrian or motorcycle accidents to name a few. If you have lost someone you love, it is imperative you do not hesitate to consult with an experienced Toronto wrongful death lawyer.

 

WHAT QUALIFIES AS WRONGFUL DEATH?

Unfortunately, thousands of wrongful deaths occur every year, and many lead to lawsuits. When a person’s negligence or intentional acts lead to the death of another, the family of the victim has a right to expect compensation. The family members often need an experienced lawyer to protect their rights and to investigate the circumstances of the accident, to determine whether it was preventable and to protect the rights of the surviving family members. A wrongful death claim can be made by family members who have lost a loved one due to the unlawful behaviors of someone else.

 

TYPES OF INCIDENTS THAT MAY QUALIFY AS WRONGFUL DEATH

Wrongful death does not include just any kind of incident that causes the death of another. The negligent or intentional behavior of a 3rd party must have caused the death. This requirement can make some cases more obvious than others and cover a wide range of incidents.

For example, the following can potentially qualify as wrongful death claims:

  • Workplace accidents due to deficient training or oversight
  • Unlawful actions like stabbings, assaults or other forms of attacks causing death
  • Motor vehicle accidents caused by impaired driving, texting or recklessness
  • Drowning accidents under premises liability
  • Medical malpractice by doctors failing to treat an illness correctly
  • Defective products or drugs causing death

 

CAN I FILE A TORONTO WRONGFUL DEATH CLAIM?

If you have lost someone in an accident caused by another party, you may be able to bring a wrongful death claim against that individual or business. Those eligible for compensation include the spouse, children, grandchildren, parents, grandparents and siblings of the deceased person. There is no requirement for a person to have been financially dependent on the deceased person to be eligible for compensation. To determine if you are eligible to file a wrongful death claim, you should consult with a lawyer about the circumstances of your case.

At Affinity law, our lawyers have over 30 years of combined experience in helping families who have suffered the most tragic losses.  We have real experience in advocating claims arising from fatal accidents and in helping recover the benefits and financial compensation for families. We have dedicated resources, for conducting appropriate investigations, to root cause the incidents and determine who is responsible.

It is important to note that a statute of limitations exists in cases of wrongful death claims. This means that there is a time limit before filing a wrongful death claim.  You must act quickly if you wish to obtain compensation. We help families navigate the complex legal claims that often follow from the loss of a loved one.

 

WHAT DAMAGES ARE RECOVERABLE IN A TORONTO WRONGFUL DEATH CLAIM?

While no amount of money will bring back your loved one, a person filing a wrongful death claim may be able to recover financial compensation for three general types of damages.

Economic Damages – These include funeral and medical expenses related to the death, loss of the deceased’s future earnings, and loss of the deceased’s future benefits.

Non-Economic Damages – These damages are things that have less tangible value. This includes pain and suffering, mental anguish, loss of inheritance, and loss of consortium.

Punitive Damages – Punitive damages are sometimes awarded in addition to economic and non-economic damages as a way of punishing the responsible party for willful or grossly negligent acts.

 

CONTACT OUR TORONTO LAWYERS FOR A FREE & CONFIDENTIAL CONSULTATION

We intimately know the criteria that is applied in the legal and insurance claims process and we effectively advocate for our client’s best interests. No matter whether the incident involved a motor vehicle crash or the use of a defective product or drug, we have the experience you need to investigate your claim and take the necessary legal steps properly.

If you would like to discuss your case, give us a call today at 1 844 786 LAW 1 (5291) or email us at info@affinitylawyers.ca. We offer a completely free and confidential consultation of your case. We are here to help you and your family.

Accident Benefits

Accident benefits, also referred to as Statutory Accident Benefits (SABS), are for motor vehicle accident victims and are a no-fault insurance benefit that is a compulsory part of every automobile insurance policy in Ontario. Benefits are paid to eligible individuals regardless of who was at fault in a car accident. These payments compensate victims for lost earnings, medical expenses, and other economic losses incurred as a result of the accident. The amount of SABS funds and the categories under which an individual can claim benefits largely depends on the nature and extent of the injury, if the insured was employed, and other factors. To receive full accident benefits for your accident, you will need the assistance of an experienced accident benefits lawyer from Affinity Law.

Who is Eligible for SABS?

A person who suffers an impairment as a consequence of the use or operation of a motor vehicle is eligible for benefits. This includes the insured’s spouse, children and any other dependent under the applicable policy of insurance. You are not eligible for income replacement, non-earner benefits, lost educational expenses, visitor expenses, house-keeping and home maintenance expenses, however, if you were driving and lacked a valid driver’s license at the time of the accident, did not possess auto liability insurance, were driving while intoxicated or otherwise impaired or were found guilty of any other criminal offense while driving.

Which Policy Pays the SABS Benefits?

Normally, the applicable policy to seek SABS benefits is the one covering the injured person. This can include a family member within the household such as a spouse or child. If you are a passenger and not insured, you look to the policy of the owner of the car in which you were riding. If that person was uninsured, then you can still seek benefits from the policy of any other car involved in the accident.

If no accident insurance is available, then you can still collect benefits under the Motor Vehicle Accident Claims Fund or MVACF. This program provides compensation for SABS as well as for property damage and personal injury. MVACF is only available if you are a resident of Ontario and the accident occurred in this province.

How an Accidents Benefits Lawyer Can Help

The SABS application process is a complex one. Your accident benefits lawyer from Affinity Law can assist you with completing the application and ensuring that all documentation has been provided. The process has continuing obligations, meaning that you need to continually provide receipts, medical bills, employment and medical records if you are to continue receiving benefits. There are deadlines as well that your Affinity personal injury lawyer can keep you apprised of and to assure are timely met.

Your lawyer can also ensure that your full benefits to which you are entitled are being paid by the insurer. It is not unusual for an insurer to suddenly dispute a benefit or claim that your impairment or condition is not as serious as alleged or that you sufficiently recovered so that benefits may be reduced or terminated. There are significant differences in the available coverage depending on how your injury has been classified. Having an experienced accident benefits lawyer advocating for you is essential to meeting any challenge or dispute from the insured and to prevent any delay in receiving income replacement, non-earner benefits and for paying for essential medical services.

Another consideration is if your car accident occurred in the United States. If so, you can elect to receive benefits under SABS or those of the state in which your accident occurred. Your election of benefits can have a significant effect on the benefits available to you. Having a personal injury lawyer from Affinity Law to represent you is vital to receiving all the benefits and compensation to which you are entitled.

How to Apply for SABS Benefits

Insured Benefits

To apply for SBS benefits from your own or the applicable insured’s policy, follow these steps:

  1. Complete an OCF-1 form, or Application for Accident Benefits Form and submit it to the insurer
  2. Submit an OCF-3 form, or Disability Certificate that must be completed by a physician or health care professional as defined in the SABS who confirms and certifies that the insured was in an accident and that his/her injuries fit the criteria for the disability tests as set forth in the Statutory Accident Benefits Schedule
  3. Your employer submits an OCF-2 or Employer’s Confirmation of Income for income replacement benefits that sets forth the amounts you were paid over the 4 to 52 weeks before the accident. If you were self-employed, submit your business records for proof of income to the insurer who will confirm your gross income
  4. Keep all receipts for visits and all other out-of-pocket expenses related to your care and submit them to the insurer as soon as possible and on a regular basis

MVACF Benefits

To apply for MVACF benefits, take the following steps:

  1. Complete the OCF-1 form, or Application for Accident Benefits
  2. Sign a Consent for collection, use, and disclosure of personal information
  3. Complete Form 3 or Application for Statutory Accident Benefits
  4. Obtain and submit a police report confirming the accident
  5. Submit a letter confirming that you are not a named insured or spouse or dependent of an insured

What are the SABS Benefits?

The available benefits are listed below:

Non-Catastrophic Injuries

  • Medical and Rehabilitation Benefits: $50,000 payable over 10-years
  • Attendant Care Benefits: Up to $3,000 per month to a maximum of $36,000 payable over no more than 104 weeks or until the $36,000 is exhausted, whichever occurs first

However, the combination of these benefits cannot exceed a total of $65,000

  • Income replacement benefit of up to $400 weekly or 70% of weekly gross income, whichever is lower, to be paid until age 65 at which time the benefit will be reduced
  • Lost educational benefits of up to $15,000
  • Visitor expenses for up to 104 weeks
  • Non-earner benefits of $185 per week with a 4-week waiting period with payments up to 2-years

Optional benefits for non-catastrophic injuries are:

  • Medical and Rehabilitation Benefits: $100,000 for up to 5-years for adults
  • Attendant Care Benefits: $72,000 for up to 5-years for adults
  • Income replacement coverage can be increased to $600, $800, or $1,000 per week

However, the combination of these benefits cannot exceed a total of $130,000. An option is to purchase $1,000,000 coverage for all injuries, but you cannot purchase non-catastrophic and all injuries coverage together.

Non-earner benefits (NEB) are for those insureds who are not employed and do not qualify for income replacement benefits but who are unable to “completely carry on a normal life” because of their injuries. To be completely unable to carry on a normal life does not necessarily mean that you must be a paraplegic, bed-ridden, or suffer from some other totally incapacitating injury or illness. Rather, you must suffer from an impairment that continuously prevents you from engaging in substantially all of the activities for which you normally engaged in before the accident.Statutory Accident BenefitsSchedule Section 3 (7)(a). An impairment can also be a high level or degree of pain that prevents you from practically engaging in those activities.

Catastrophic Injuries

Catastrophic injuries are for the most serious and permanently injured persons such as paraplegics, quadriplegics, the blind, amputees, and persons with significant brain trauma and psychological impairments. You can be classified as having a catastrophic injury that qualifies you for enhanced benefits by combining impairments that results in a 55% whole body impairment. A psychological impairment can be used in combination with others to determine a whole-body impairment.

Total blindness is not required to be considered catastrophic. If your loss of vision is extensive enough so that you are unable to perform your usual employment, it qualifies.

Other examples are second and third degree burns that cover more than 25% of your body, or third degree burns that cover more than 5% of your face and hands.

Catastrophic injury victims are entitled to the following:

  • Medical and Rehabilitation Benefits: $1,000,000 over the recipient’s lifetime
  • Attendant Care Benefits: $1,000,000 with payments of up to $6,000 per month until the benefit is exhausted. However, the combined total for these benefits cannot exceed $1,000,000
  • Housekeeping and home maintenance: $100 per month over the recipient’s lifetime
  • Caregiver benefit of $250 per week for the first-person needing care and $50 per week for the second and subsequent persons needing care. This is available for 104 weeks unless the insured sufferer is totally incapacitated or unable to continue living a normal life at which point the benefit is paid for life
  • Visitor expenses for life
  • Lost educational expenses up to $15,000
  • Non-earner benefits of $185 per week with 4-week waiting period with payments up to 2-years

Optional Coverage for Catastrophic Injuries

  • All injuries coverage–$2,000,000
  • A combination of all injuries and catastrophic coverage–$3,000,000
  • Income replacement coverage may be increased to $600, $800, or $1,000 per week

Minor Injuries (MIG)

If your injuries are minor, you are still entitled to limited benefits. These include $3,500 for medical and rehabilitation expenses only. No attendant care benefits apply. You may still be eligible for income replacement if you meet the SABS test, which requires that you be substantially unable to engage in your employment tasks.

Under some circumstances, you can be removed from this category and into the non-catastrophic where you are eligible for more and higher benefits. For instance, your medical provider could find that the accident has caused you deep depression and anxiety, post-traumatic stress disorder, and other non-physical conditions that are the predominate cause of your disability rather than the minor physical injuries you sustained.

Death Benefits

Eligible surviving family members may receive:

  • $25,000 to the spouse
  • $10,000 to each dependent
  • $10,000 to be split among those persons in respect of whom the decedent was a dependent
  • $6,000 as a funeral benefit

These can be increased with the purchase of optional coverage to:

  • $50,000 to the spouse
  • $25,000 to each dependent
  • $25,000 to be split among those persons in respect of whom the decedent was a dependent
  • $8,000 funeral benefit

Treatment Team

Depending on the seriousness of your injuries, you may have a team of medical and care providers to care and support you. Medical providers and those providing therapy and other services should be advocates for you and be willing and available to communicate with you, your other providers on the team, and your lawyer. Reports and records are vital to establishing the nature and extent of your injuries, what care is needed, and if you are substantially unable to perform your pre-injury work duties so as to be eligible for income replacement or non-earner benefits.

Case managers are assigned for catastrophic injury cases to coordinate care and services for the injured party. For non-catastrophic cases, an occupational therapist or OT takes care of services and support and assesses the need for attendant services and home maintenance requirements. The OT does need to first submit a Treatment and Assessment Plan, form OCF-18, to the insurer before beginning the process. Once received, the insurer has the right to have the client examined by a physician of their choosing, referred to as a Section 44 Insurer’s Examination, to determine if the client needs to be assessed and if the requested treatment and care is reasonable and necessary. The cost of the assessment by an OT and of the examination cannot exceed $2,000. This cost is deducted from the $50,000 available for medical and rehabilitation benefits for non-catastrophic injuries.

There can be other medical and rehabilitation providers as part of a treatment team. Any assessment done by a professional must first be approved and the request submitted through a Treatment and Assessment Plan. The inclusion of these professionals depends on the nature and extent of your injuries. These individuals may include:

  • Social worker—who handles the emotional and psychological issues following a traumatic accident
  • Chiropractor—deals with physical issues such as back and neck pain
  • Psychologist—if depression and anxiety are especially severe
  • Personal support worker—person who handles attendant care
  • Massage therapist—for ongoing or chronic physical issues that massage can alleviate
  • Speech and Language therapist—if brain damage caused cognitive issues

Rehabilitation Support worker—person who assists with the implementation of various care and for re-integration into the community

The OT or case manager can determine with the assistance of these professionals what assistive devices are necessary and what workplace and home modifications are needed to accommodate the client. The insurer is obligated to pay for any modifications or assistive devices. Examples are walkers, canes, guardrails, handheld showerheads, ergonomic keyboards, ramps, wheelchairs, and other specially designed chairs.

Disputes

It is not unusual for an insurer to categorize your injuries as non-catastrophic or as minor even if you and your medical provider dispute this. Insurers will also dispute the reasonableness or necessity of certain treatments and deny consent or refuse to provide payment for care already rendered. Your Toronto car accident injury lawyer from Affinity Law can help by ensuring that your medical provider and treatment team offer the necessary documentation to support your injury. But if the dispute is unresolved, you can bring the issue before the License Appeal Tribunal (LAT) for resolution.

Settlements

If you have been receiving SABS benefits for some time, the insurer may approach you with a settlement offer. Any settlement offers, though, cannot be extended until one year after your accident that precipitated the payments. Any offer will be for a fixed amount. If you do decide to accept it, you will not be able to collect any further SABS benefits from this accident regardless if your injuries worsen or further medical treatment is necessary such as surgery and therapy. You should be cognizant that any settlement you do accept could affect any third party claim you have against the party or parties who were responsible for your accident.

RETAIN AFFINITY LAW

It is highly recommended that if you do not have a lawyer already, you at least consult with a Toronto Accident Benefits lawyer from Affinity Law to understand what options you have and what would be a fair and reasonable settlement amount. One of our knowledgeable Toronto personal injury lawyers can negotiate a reasonable settlement for you and represent you on a third party claim. Most accident benefits claims are settled after the one-year period.

Call us today for a free consultation at 1 844 786 LAW 1 (5291).
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All motorists in Ontario and throughout Canada are required to maintain auto liability insurance coverage.

Uninsured Motorist Claims in Ontario

Third-Party and Uninsured Motorist Requirements

All motorists in Ontario and throughout Canada are required to maintain auto liability insurance coverage. As an Ontario motorist, you must carry a minimum of $200,000 in third-party coverage in case of an accident with a pedestrian or other motorist where you are deemed liable or responsible for the accident. This amount applies to uninsured coverage as well where an at-fault motorist lacked any liability insurance or is unidentified.

The minimum amount will usually be sufficient to cover damages for minor injuries but not for more serious ones where a victim has sustained multiple injuries such as broken limbs, disfigurement, traumatic head injuries, or death. If the victim is out of work for an extended period, is unable to return to work, must be re-trained, or has succumbed, then the damages will be significantly higher. Most commentators recommend third-party coverage of $1,000,000, if you are able to afford it, in the event of a catastrophic accident where a victim’s expenses and damages are hundreds of thousands of dollars or more. Fortunately, the law mandates that you also carry uninsured motorist coverage of at least $200,000 in the event you are injured by an uninsured motorist.

This same warning to maintain sufficient coverage applies to accidents where the at-fault motorist is uninsured. If you sustained serious injuries where medical and its attendant costs are substantial, and you are unable to work for months or at all, your failure in not carrying sufficient uninsured motorist coverage can be devastating to you and your family.

There are approximately 2,100 accidents per year in Ontario involving uninsured drivers but that about 400,000 motorists are driving without insurance coverage. If a motorist who is driving while uninsured is caught, the penalties are stiff. They face a fine of $5,000 to $25,000, suspension of their driver’s license for up to one year, impoundment of their vehicle for 3-months, and a 25% fine surcharge paid to any victim injured by their negligent driving. Should the individual apply for insurance when eligible, the premiums will undoubtedly be substantial, or coverage may be denied altogether.

What Happens in an Uninsured Motorist Accident?

Statutory Accident Benefits

If you are injured in an accident, you must report the accident to your own insurer even if you suspect the other driver was uninsured. Regardless of fault, you are entitled to statutory accident benefits such as supplementary medical, rehabilitation, attendant care, caregiver, and non-earner and income-replacement benefits. These are benefits that you collect from your own insurer or from the insurer for the at-fault driver if you were a pedestrian or passenger and had no coverage. If you are a “person under the contract” such as a spouse or dependent relative or a passenger in the vehicle, you may claim those benefits under that policy. A Toronto injury lawyer from Affinity Law can explain your eligibility for these benefits and what you can expect.

You are required to first seek statutory accident benefits before claiming any additional compensation from a responsible motorist by providing written notice of your intention to commence a lawsuit against the tortfeasor within 120-days following the accident. Your notice must include your statutory benefits file, disclosure of all  your income sources,  and submission of all medical records and reports concerning all care you received for your accident injuries. Have a Toronto car accident lawyer from Affinity Law handle this as well as all other aspects of your claim.

You are limited in an accident benefit case to $400 per week for lost income unless you purchased optional benefits. If your injury was minor, you receive only up to $3,500 for physical therapy or other rehabilitation costs.

Hit-and-Run or Unidentified Driver

If the accident was a hit-and-run and the responsible motorist is unidentified so that the uninsured provision of your auto policy would apply, then follow these steps:

  1. Report the accident to police within 24-hours or as soon as practicable
  2. Report the accident to your own insurer within 24-hours
  3. Provide a written statement to your own insured within 30-days of the accident or as soon as practicable and provide the accident details, that an unidentified driver caused the accident, and whether you were injured
  4. Make your vehicle available for inspection by your insurer

In a hit-and-run incident, you have the burden of proving that an uninsured motorist caused the accident by introducing physical evidence of a collision in order to access the $200,000 limits. Your request to bring an uninsured motorist claim is under the purview of s. 265 and is dependent on their being no other auto policies available to compensate the insured.

When purchasing auto liability coverage, you have the option of obtaining coverage in excess of the minimum $200,000, called Family Protection Coverage under OPCF 44R of up to $1,000,000. If you wish to access the additional compensation of $800,000, then you must present “other material evidence” to corroborate the existence of the uninsured or unidentified motorist. This should include corroborating testimony of an independent witness (not a relative or spouse) or physical evidence of the involvement of an unidentified vehicle. This can include tire tracks left by the fleeing driver near the collision site.

Requirement of a Serious and Permanent Injury

You can only assert a claim for additional compensation against the tortfeasor or your own insurer if you have an uninsured motorist claim if your injury is a “permanent serious disfigurement or permanent impairment of an important physical, mental or psychological function.” You will need a medical provider to provide evidence of the nature and extent of your injury to the satisfaction of a judge before your claim against the responsible driver may go forward.

If you met the threshold for having sustained a serious and permanent injury and you collected non-pecuniary general damages, the insurer is entitled to a credit or a reduction in the amount it paid out in the amount of $37,833.33, a sum that increases each year. But if those damages exceeded $100,000, there is no deduction. You are, however, presently limited to non-pecuniary general damages in the amount of $367,000.

Your Own Insurer as Adversary

If the other motorist was uninsured or it was a hit-and-run accident where the driver is unidentified and you are looking towards your own insurer, then your insurer becomes your adversary and stands in the shoes of the uninsured or unidentified motorist. In such cases, your insurer may assert that the other party was insured, or that you were responsible for the accident or contributorily at fault. The nature and extent of your injuries will also be at issue including the permanency of your injuries, the reasonableness and necessity of your medical care, and the diminished quality of your life. Your insurer may also question your claim for lost earnings, lost earning capacity, or your ability to perform your current occupation.

Be aware that the uninsured coverage that you possess applies to all persons making an uninsured motorist claim. If your limit is $200,000, then this amount is shared pro rata among all claimants in a case involving multiple parties.

Retain Affinity Law

Handling your own car accident case can be difficult and which does not become easier if you were injured by an uninsured motorist. Ontario law has certain requirements regarding notice and disclosures, especially if your injury is a serious one and you are seeking compensation in addition to your statutory accident benefits. You will also have to address possible allegations that you contributed to the accident or that your injuries are not as serious as you claim.

Consult with one of our Toronto personal injury lawyers at Affinity Law if you or a loved one was injured in a car accident. We have obtained millions of dollars in compensation for our injured clients and can ensure that you receive the best opportunity to collect the most compensation for your claim.

Call us today for a free consultation at 1 844 786 LAW 1 (5291).

Our unique and experienced immigration team helps individuals, families and businesses settle in Canada whether

Citizenship Application

What are the requirements for becoming a Canadian citizen?
Your eligibility for citizenship depends on your situation, such as

1 – permanent residents of Canada applying for:
yourself
your minor (under 18) child

2 – past Canadian citizens who want to get your Canadian citizenship back
this includes current and former Canadian Armed Forces (CAF) members

3-Canadians applying for citizenship for your adopted child born outside Canada

4- current or former CAF members applying under the fast-track process

Spouses of Canadian citizens

You don’t automatically become a citizen when you marry a Canadian. If you’re a spouse of a Canadian citizen, you:

  • don’t need to meet any special requirements
  • must meet the same eligibility requirements as other adults

Next steps

Let’s get your documents ready

Some documents take a long time to get, so you should get them ready now.

We can assist with submitting your profile. Contact a Toronto Immigration Lawyer today at Affinity Law and let us make things easy and less confusing for you.

Avoiding conflicts, disputes and litigation is a primary object of any contract.

Commercial Agreements

Avoiding conflicts, disputes and litigation is a primary object of any contract. Affinity lawyers ensure that agreements are clear and specific in its terms and accurately reflects the intentions of the parties. Our lawyers will counsel you on such diverse matters as:

  • Commercial leases
  • Joint ventures
  • Financial service contracts
  • Service and supply agreements
  • Construction and development
  • Nonpayment disagreements
  • Partnership and corporate disputes