Minor receives payment of loss of income

Personal injury Lawyer(s):

In a tragic case, a mother was rendered quadriplegic and her son suffered serious brain injuries. Kevin quickly obtained accident benefits for the mother including the purchase and building of a new wheelchair accessible home for the family in the location of her choice, close to friends and relatives and an eventual large settlement out of court for her. 

As to her son, because he was only 10 years old at the time of the accident, he was not entitled to a payment of loss of income or loss of earning capacity according to the caselaw (Zehr vs. Dominion) at the Financial Services Commission of Ontario.

Kevin strongly disagreed with the caselaw and believed that the law was wrongly decided. He took the son’s claim for income loss to the Superior Court to avoid the unfavourable caselaw at the Commission. He waited for new caselaw to come from the Superior Court or to argue to make new law from his case.

Eventually, a favourable caselaw came out which contradicted the previous authorities and which agreed with Kevin’s interpretation.

Kevin’s strategy served his young client well as he was able to achieve a significant settlement for income loss to a minor.