LAWYER GARY MAZIN WINS CRUCIAL APPEAL IN LANDMARK CASE
Ontario personal injury lawyer Gary Mazin won a significant appeal Friday, June 21 in Mary Shuttleworth v. Ontario, as the Court of Appeal for Ontario upheld the landmark decision Mary Shuttleworth v. License Appeal Tribunal in June of last year.
THE CLIENT WAS THE VICTIM OF A HEAD-ON COLLISON
The case involved a client who suffered severe head and back injuries from a car accident in September 2012. As a result of the accident, the client has experienced difficulty walking, headaches, and memory loss, and is unable to work. In December 2014, the client applied to Peel Mutual Insurance Company for a determination that her injuries met the standard for “catastrophic impairment.” Under Ontario law, catastrophic injuries mean that a person has 55% of their body injured and are therefore entitled to more benefits and damages.
In September 2016, a License Appeal Tribunal (LAT) adjudicator heard the client’s catastrophic injury case. The LAT released its final decision in April 2017, holding that the client’s injuries constituted 51% of their body, which was short of the 55% impairment threshold needed to qualify as catastrophic. This was very disappointing news as it meant that Gary Mazin’s client could not receive the full and fair compensation she needed and deserved.
A WHISTLEBLOWER CHANGES EVERYTHING
Then, a huge piece of the case fell into place. A whistleblower mailed a letter to Gary Mazin saying that the LAT adjudicator was pressured by her boss, the executive director of LAT, to rule in favor of the insurance company. Gary Mazin took immediate action after receiving the note and investigating further. The decision went to judicial review at the Divisional Court of the Ontario Superior Court of Judges, and all three judges agreed with Gary Mazin and unanimously ordered the adjudication to be reheard. The insurer and LAT appealed the decision of the Division Court but again, all three judges agreed with Gary Mazin that the original adjudication should be reheard.
THE ONTARIO PERSONAL INJURY LAWYERS OF MAZIN AND ASSOCIATES CAN HELP
At Mazin & Associates, PC, our personal injury lawyers are dedicated to doing whatever it takes to find solutions for our clients. As we did with Shuttleworth v. License Appeal Tribunal, we work hard to persevere through each step of the legal process to help Ontario accident victims receive maximum compensation for their injuries. If you or a loved one has been injured in an accident in Ontario, contact us today at (416) 625-2122 to learn how we can help.