Child with Pervasive Developmental Disorder (PDD), struck by a car and suffered head injury
Our client was diagnosed with PDD at the age of four. He was seven years old and was holding his mother’s hand, when he let go and ran across the street, against the red light and was struck by a van. As a result of the accident, the boy sustained a severe head injury. In addition to suing the driver of the van, we also pursued accident benefits. The no-fault insurer argued strenuously that our client’s disability was a result of the PDD and not the head injury. We pursued the matter on behalf of our client, and ultimately settled the claim following a private mediation. The settlement funds were placed in a structure that will generate more than $18 million throughout our client’s lifetime and this will enable his parents and guardians to look after him for the rest of his life, in his own home, rather than being institutionalized.
Fly Jamaica Flight OJ 256 Class Action settlement for passengers who suffered injuries from emergency landing
This Class Action involved 120 passengers onboard Fly Jamaica Flight OJ 256 en route to Toronto Pearson International Airport. Approximately 40 minutes after departure, the aircraft turned around for an emergency landing. Upon touching down, the Boeing 757-23N aircraft went off the runway, sustaining substantial damage, and causing injuries to the passengers. Howie, Sacks and Henry LLP successfully represented the class members. This Class Action ultimately settled for $5.55 million on January 10, 2024. Passengers received from $8,000 up to more than $225,000 in compensation.
Man awarded general damages by Jury for chronic pain condition
This case involved a man who was T-boned at an intersection and developed a chronic pain condition and psychological injuries. The case ultimately went to trial and the Jury awarded him general damages for pain and suffering in the amount of $125,000. The Jury made additional awards for past and future income loss.
Our client awarded damages for injuries sustained during spinal anaesthetic
Our client sustained severe neurological injuries as a result of medical malpractice during a spinal anaesthetic. He lost bowel, bladder and sexual function and his life was severely affected as a result. The case was defended by the anaesthesiologist all the way to trial. We did not back down and were successful in obtaining a damages award at Trial.
Kitchen manager suffered mild head injury in car accident
This case involved a 29-year-old man who was working as a kitchen manager with hopes of being promoted to an executive chef. He suffered a mild head injury when the car in which he was a passenger, was T-boned by another vehicle. As time went on, he was noted to have cognitive issues, depression, sleep difficulty, headaches, memory problems and an inability to focus. Despite his injuries, our client still persevered and tried to continue working and attending school, with great difficulty. His ability to earn income in the future was therefore affected. This case settled at Mediation.
Retired senior suffered catastrophic injuries when struck by car while crossing road
Our client, a retired senior citizen, was struck by a car while crossing the road leading to catastrophic injuries. Approximately $675,000 was recovered for her recovery and ongoing care.
Retired senior couple suffered mild brain injury and physical impairments
This case involved a senior couple who were both 79 years of age at the time of the accident. They lived with their adult daughter and enjoyed an active life. This couple was walking across the street when a truck, attempting to make a left-hand turn, struck them and trapped them underneath his vehicle for more than 30 minutes. As a result, both sustained closed head injuries and numerous fractures, requiring ongoing care. This case resolved at a Settlement conference.
20-year-old passenger sustained brain injury in car accident
This case involved a high school graduate who was a passenger in a single motor vehicle accident. Alcohol was involved. The client sustained a head injury and significant orthopedic injuries. He required extensive rehabilitation and had to alter his career path away from jobs involving physical activity. The case was settled following a private mediation.
Motorcyclist’s widow and parents advanced claim following fatality
This case tragically involved a motorcyclist who was killed when a vehicle made a left-hand turn in front of him. His widow and parents advanced claims for loss of care, guidance and companionship under the Family Law Act, and his widow claimed for her dependency losses. This case was settled following mediation and a pre-trial conference.
Senior citizen suffered catastrophic injuries after being struck by car
This case involved a senior citizen who was struck by a car while crossing the street. She suffered catastrophic injuries, including a closed head injury and orthopaedic injuries. She required extensive rehabilitation and ongoing attendant care. The case was settled shortly before trial.
Self-employed man left with significant pains following roll-over accident preventing work
The client, a self-employed man in his 50’s, was left with significant knee, hip, back and neck pain which prevented him from working and lead to the loss of his business. The case settled at mediation.
Young mother who lost two children in a motor vehicle accident
The client was not involved in the accident but developed disabling psychological and addiction issues following the loss of her children.
Fast food owner/chef suffered brain injury after being struck by car
Our client had just opened a fast food restaurant where she worked as a chef. On the date of the accident, she was walking in a parking lot when a van backed out of a parking space and struck her. The driver then put the vehicle in “drive” and drove over her a second time. The driver was uninsured and our client’s own insurer was added as a party to the lawsuit. As a result of the accident, she sustained a head injury and several fractures, lost her business because she was unable to return to work and has been left with chronic pain. We were able to achieve a combined settlement (with both the tort and accident benefits) at the conclusion of a private mediation and subsequent negotiations.
15 year-old suffered spinal cord injury jumping in swimming pool
This young student was invited to a pool party at a friend’s home and admitted to jumping in a swimming pool. As a result of the accident, he sustained a spinal cord injury. Although the damages were in excess of $18 million, the matter was resolved following a private mediation, for the full policy limits of the homeowner. The claimant chose not to pursue the homeowners personally.
Pedestrian sustained brain injury after being stuck by an A-Frame sign on a windy day
JP was walking down King Street in downtown Toronto on a windy day, when an A-Frame sign, placed on the sidewalk by a condo developer and their contractor, blew into JP. The force of this impact fractured bones in JP’s face and knocked JP backwards onto the sidewalk, smashing the back of JP’s head and knocking her unconscious. As a result, JP sustained a brain injury and has been unable to return to work. After a trial that lasted almost 5 weeks, the jury returned a verdict of over $3 million, PLUS prejudgment interest and costs.
Personal trainer suffered catastrophic injuries after being hit by car
Our client was struck while walking on a sidewalk in Toronto. At the time, she was employed as a personal trainer and a physical therapy assistant. She enjoyed running, jogging and working out, playing tennis, soccer, and swimming. She also enjoyed dancing and had auditions and did background dancing in a number of shows for the National Ballet Company. As a result of the accident, she sustained catastrophic injuries. She has been unable to return to any form of employment or to most of the activities she previously enjoyed. We were able to achieve a combined settlement (with both the tort and accident benefits) that included the purchase of housing in the GTA, which permits her to attend her continued treatment at the local hospitals.
Construction worker sustained brain injury and fractures, following motorcycle accident
This case involved a 26 year old young man who was riding his motorcycle, when a car pulled out of a driveway directly into his path. He had no chance to avoid the accident and crashed into the side of the Defendant’s car. Prior to the accident, our client was employed as a construction worker. He enjoyed going out with friends and fixing anything with a motor. As result of the accident, he sustained very serious injuries including fractures that limited his use of one arm, as well as a brain injury. He was unable to return to his job and was restricted from doing many of his activities of daily living. Fortunately, we were able to resolve the claim for this very nice client at a private mediation.
Sales agent suffered severe chronic pain, following multiple sternal fractures, in two motor vehicle accidents
This case involved a 37-year-old gentleman who suffered injuries in two accidents within three months of each other. At the time of the first accident he was employed as a sales agent, and had worked for the same company for more than 15 years. He was also very active with his family and enjoyed various recreational activities and traveling. As a result of the accident, he was unable to return to his high-paying job or to most of the activities that he had previously enjoyed with his family. This matter settled on the doorstep of trial.
Teen severely injured in a car accident
Referred to us by a respected local lawyer, our client was a vibrant 17-year-old football player who was unfortunately involved in a life-altering motor vehicle accident. He was a passenger in a car that lost control on an icy roadway. Their car was struck by oncoming traffic and resulted in our client becoming a quadriplegic, only able to breathe with the assistance of a ventilator.
Teen suffered severe head injury, rendered a quadriplegic in crash
We were retained by counsel for the parents of a 17-year-old who, in an attempt to avoid a vehicle parked illegally on a highway, was T-boned by another vehicle. As a result of this accident, our client sustained a severe head injury and was rendered a quadriplegic. We brought a claim against the driver and owner of the illegally parked car, the driver and owner of the vehicle which T-boned our client and other various defendants. In addition, we also pursued accident benefits against the Insurer. The claims were ultimately settled, following several private mediations and through negotiations. The settlement funds were placed in a structure which will generate more than $31 million throughout the claimant’s lifetime and enable his parents and guardians to look after him for the rest of his life in his own home, with appropriate professional help.
Former dentist awarded damages after treating ophthalmologist found negligent
In 1994, our client consulted with an ophthalmologist (eye doctor) with a view to correcting his near-sightedness and to eliminate the need to wear eyeglasses. Our client was examined by the ophthalmologist and advised that laser vision correction was not appropriate but it was recommended he undergo an older procedure called Radial Keratomy and that this surgery would fix his condition. Between 1994 and 2009, the ophthalmologist performed various procedures on our client. By 2009, our client’s vision had deteriorated to the point where he was forced to retire from dentistry and sell his practice.
It was alleged at trial that the various surgeries between 1994 and 2009 were done negligently and without informed consent. After a Judge-alone trial that lasted almost three weeks, the Court returned a verdict in favour of our client, awarding him over $5.26 million plus prejudgment interest and costs. In her Decision, the Judge stated the following about the trial counsel which included Neil Sacks (one of the founding partners of our firm):
“I would like to thank Counsel…for their excellent advocacy on behalf of their respective clients and their unfailing courtesy to the Court. This was a difficult case, with a multitude of issues and it was hard fought on both sides, as it should have been…
…It was, however, a delight to preside as trial judge with Counsel who were always prepared, never wasted a moment of the court’s time and treated the witnesses and the Court with respect at all times.”