PAVAO v. JOSE, 2019 ONSC 5891

The Plaintiff was in a motorcycle-motor vehicle crash in March 2012 and sustained a traumatic brain injury. Shortly thereafter he retained a law firm other than Thomson Rogers to advance his claims for damages arising from the crash.

In March 2014, the Plaintiff’s former lawyers issued a Statement of Claim to formally initiate his lawsuit. For four years, they failed to serve the Statement of Claim on the Defendants despite being required to do so by law within a 6 month period of the claim being issued.

The Plaintiff retained Thomson Rogers as his lawyers in late 2018. Upon their review of the file, Thomson Rogers realized that the Statement of Claim was never served on the Defendant. In February 2019, Thomson Rogers successfully brought a motion to extend the time for service. Master Wiebe granted the Order.

Counsel for the Defendant was appointed and appealed the Order of Master Wiebe. If the Defendant was successful in appealing the Order, the Plaintiff would be unable to pursue his claim.

Ava successfully argued that the brain-injured Plaintiff should not be denied justice due to the mistakes of his former lawyers. The Plaintiff was allowed to pursue his claim for damages against the Defendant and is on track to be compensated for his losses.

View the full decision here.

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