Call us 24 hours a day

We're available 7 days a Week

905-266-2633

Or toll free 1-844-757-HURT

Facebook

LinkedIn

Google

 

U.S. Residents Injured in Canada

Pranzitelli Law > Types Of Injury Cases > U.S. Residents Injured in Canada

U.S. citizens and Canadian residents often travel back and forth across the border for both employment and of course recreation.  Unfortunately accidents happen no matter which country you are driving in. This can result in U.S. Citizens being injured while in Canada or Canadian residents being injured while in the United States.  

 

In most cases, Ontario law applies to all accidents that occur in the province, regardless of whether or not the injured person is a Canadian resident. Depending on the circumstances of the accident and applicable insurance, benefits may be available in both Ontario and the U.S. State in which you were injured.  Our experienced Canadian personal injury lawyers can help you choose the legal options that secure maximum recovery for your injury. The law in this area can be complex. As experienced personal injury lawyers, we offer the high-quality legal advice you require.

 

If you were injured in a car accident, slip and fall or other accident while visiting Canada, you should speak to an Ontario personal injury lawyer to learn about your rights.   In addition to assisting Ontario residents in obtaining benefits which may be available in Canada, we can also coordinate with lawyers in the United States to pursue your claims in the jurisdiction where the injury occurred, when necessary.  

 

Minors

 

We can all agree that children are our most precious possessions. Parents and guardians do everything in their power to keep their children safe and protected. However, there are occasions when our children will suffer an injury. On those occasions where our children are in the care of an individual or organization that we have trusted and are injured due to their negligent (failing to exercise the care expected of a reasonably prudent person in like circumstances) actions or inactions, an experienced personal injury lawyer can help ensure that your child and your family’s best interests are taken care of and are protected for the future.

 

LEGAL STATUS OF CHILDREN IN CANADA

In Canada, anyone under the age of 18 is considered a minor and cannot bring a lawsuit for a personal injury on their own.   However, even though an injured child cannot file a personal injury claim by themselves, one can be filed on their behalf.

 

This requires that an adult, usually a parent or another close family member, must be appointed to act as a litigation representative for the child. To do so, an individual, who is not under any disability, may act as the litigation guardian by filing an affidavit setting out that he/she consents to act for the child, has no adverse interest to the child, and acknowledges that he/she understands the risk of having to pay personally any costs awarded against him/her or against the minor (Rule 7.02(2)).

According to Rule 7.05(2) of the Rules of Civil Procedure, a “litigation guardian” is responsible to look out for the minor’s interests and take all the necessary steps for the protection of those interests.

 

If the child turns 18-years-old during the course of the litigation, an Order can be granted by the registrar allowing the former minor to continue with the litigation without a litigation guardian (Rule 7.06(1)(a)).

 

LIMITATION PERIODS AND THE CHILD PLAINTIFF

Under the Ontario Limitations Act, 2002, the usual limitation period for commencing a personal injury lawsuit arising from an accident is 2 years from when the accident occurred. However, in the case of a minor, the 2 year limitation period does not begin to run until the child has turned 18-years of age.

 

SETTLEMENT AND THE CHILD PLAINTIFF

In Ontario, all settlement offers for a minor must be approved in the best interests of the child. Any and all settlements in these cases must be subject to Court approval. Ontario Courts must confirm that the settlement is fair.

 

CHILDREN GIVING EVIDENCE IN COURT

Under the Ontario Evidence Act, everyone is presumed to be competent to give evidence irrespective of age. However, a child under the age of 14-years-old may have their competency to give evidence challenged. A judge will conduct an examination of competency, unless he/she finds that the child’s ability to give evidence might be adversely affected and then the child may be examined by counsel. A child’s evidence is considered admissible if the court is satisfied of the following:

  • That the child is able to communicate the evidence;
  • That the child understands the nature of an oath or solemn affirmation; and
  • That the child testifies under oath or solemn affirmation.

 

Even if a child is unable to understand the nature of an oath or solemn affirmation, according to the Evidence Act, a court may admit a child’s evidence if he/she is able to understand what it means to tell the truth and promises to tell the truth. Furthermore, if a court finds the evidence to be “sufficiently reliable” it may admit a child’s evidence if he/she is able to communicate the evidence despite being unable to understand the nature of an oath or affirmation or what it means to tell the truth.

 

The test that a child must meet before he/she can offer unsworn evidence was adopted by the Supreme Court of Canada as follows:

To satisfy the less stringent standards applicable to unsworn evidence, the child need only understand the duty to speak the truth in terms of everyday social conduct. This can be demonstrated through a simple line of questioning directed to whether the child understands the difference between the truth and a lie, knows that it is wrong to lie, understands the necessity to tell the truth, and promises to do so. … Any frailties that may be inherent in the child’s testimony go to the weight to be given the testimony rather than its admissibility.

 

SUGGESTIONS TO ASSIST A CHILD TO GIVE EVIDENCE IN COURT

 

A child’s evidence will often be crucial to the success of the case. However, testifying in a courtroom is often frightening, especially for a young child.

Here are a few suggestions to make the process less scary:

 

  • Provide the child with a clear picture of what to expect, including what the courtroom looks like, who will be there and what the child will be required to do;
  • Provide the child with the transcript of their examination for discovery evidence (a pre-trial process when a lawyer for each of the parties questions other parties under oath) to review well in advance of the trial (if the child is very young the litigation guardian should be advised to read it to the child to prepare for the trial);
  • Key portions of the examination for discovery transcript should be highlighted by counsel and reviewed with the child in advance of the trial;
  • Review the requirements of taking an oath or swearing an affirmation and ensure that the child understands his/her duty to tell the truth;
  • Arrange a courtroom tour at least a week before trial to allow the child to become familiar with the courtroom and conduct a brief examination in the witness chair, if possible;
  • Arrange to have the child give his/her testimony as early in the day as possible to avoid the increased anxiety of waiting to testify; and
  • Ensure that the child is as comfortable as possible in the courtroom by bringing a booster seat, if necessary.

Our experts can assist you with a wide variety of cases. Contact Us Today For a FREE CONSULTATION!

a

Injury Law

We can assist you with a wide variety of personal injury incidents including Motor Vehicle Accidents, Hit And Run Accidents, Slip And Falls, Pedestrian Accidents and much more!

a

Employment Law

Need assistance with a lawsuit regarding former or present employer? Let our experts assist you through the entire process from start to finish! Contact us today for a free consultation.

a

Wills & Estates

Need assistance with Wills & Estates? Let our team assist you with the entire process. Our experts can assist you with even the most complex wills and estates.

a

Other Practice Areas

We can also assist you with Notary Public Services, Corporate Law , Debt Collection, Construction Lien, Litagation, Breach Of Contract

a

What Our Clients Say About Our Services

Our lawyers will also represent you in civil litigation cases such as divorce, child and spouse maintenance.

a

I commend Mr. Pranzitelli on his ability to strive for client needs while maintaining a professional & nurturing environment. Mr. Pranzitelli's diligence, expertise and continued willingness allow you to feel confident in his care. His genuine care and humility towards his clients allows you to feel safe and encourages a positive outcome.

Melissa | Vaughan

a

Finding a personal injury firm conveniently located in Woodbridge was also great for me. Pranzitelli Law got me a great result and I was more grateful in how easy they made the process for me. If you have had a personal injury, don't hesitate to call them, i'm sure you will be as happy as I was.

Amanda | Woodbridge, On

a

I am so glad that I found Pranzitelli law following my car accident. It was a terrifying experience and I didn't know where to turn or what to do next. I had so many questions and concerns. I felt so comfortable at Pranzitelli Law. Adriano and his staff always welcomed my questions and I was able to deal directly with my lawyer Adriano at all times.

Our experts can assist you with a wide variety of cases. Contact Us Today For a FREE CONSULTATION!

a

Toughest Defense Lawyers with Best Results

Our lawyers can represent you in a wide variety of cases to make your life more comfortable.

Personal Injury Law

what we are best at
  • Motor Vehicle Accidents
  • Accident Benefits
  • Hit And Run Accidents
  • Slip And Falls
  • Pedestrian Accidents
  • Bicycle Accidents

Employment Law

outstanding service
  • Wrongful Dismissal
  • Severance Pay
  • Employment Standards Compliance
  • Employment Contracts
  • Duty to Accommodate
  • Discrimination & Harassment

Other Services

civil rights
  • Notary Public Services
  • Corporate Law
  • Debt Collection
  • Construction Lien
  • Litagation
  • Breach Of Contract

Wills & Estates

let us help
  • Law Will & Testament
  • Power Of Attorney
  • Probate
  • Contesting a Will
  • Estate Planning
  • Estate Litagation

Read our expertly written blog or follow us on social media

Read our blog to learn about recent cases which may assist you with your situation. We update our blog regularly to ensure you have the most up to date information on cases relating to your sitaution.

Contact us

    No posts were found.

Our experts can assist you with a wide variety of cases. Contact Us Today For a FREE CONSULTATION!

Translate »