Legal Question in Personal Injury in Canada

Slip and Fall Accident

Somebody has had a slip and fall accident and broken the right arm which is the working arm. Meaning the person is a right handed person. Has lost his job due to this accident. Can he sue the Insurance Company/ Organisation where he has fallen . Then within what period he needs to file the case. How much would be the maximum amount for which this person can file a claim or sue the party for. And also what percentage the lawyer can reasonably charge this client. Does the client get a copy of the agreement which he signs with the lawyer. And also what are the documents the client needs to provide his lawyer. Does he need to provide his SIN nimber and Health Card number to the lawyer. And any other related information required for litigation Like the rights and obligations of the client an also the lawyer.


Asked on 1/21/08, 6:29 pm

1 Answer from Attorneys
Tiziana Parente Gluckstein & Associates LLP

Re: Slip and Fall Accident

I assume from your message that this person was NOT injured during the course of employment. If he/she was, then this is a WSIB issue and he/she should contact the Office of the Worker Advisor.

If this DID NOT happen at work...

To answer your questions:

1) Yes. He can sue the organization where he fell. The organization is contacts its insurance company to help deal with the matter.

2) You have 2 years from the date of your fall in Ontario to start a lawsuit.

3) You sue for general damages (pain & suffering) and special damages (loss of income, loss of housekeeping, etc.)

4) A lawyer can reasonably charge between 25-30% of the damages award.

5) The client is always entitled to a copy of the retainer.

6) Yes. SIN number and Health Card number need to be provided to the lawyer in most cases.

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Answered on 1/22/08, 12:15 pm


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