Ms. S didn’t want to hire a lawyer. She just wanted to get better.
But, when the system tragically failed her, Campisi LLP stepped in — fighting through multiple levels of appeal to make things right and rewrite the rules of fairness for everyone.
Following a life-changing collision, Ms. S found herself injured, out of work, and lacking income support. Steered into the wrong benefits by her insurers, Ms. S had a rather bleak outlook.
Then, Campisi LLP stepped in to help her reclaim her future, and, in the process, made legal history with a landmark case.
Case Background and Initial Challenges
After being t-boned at an intersection, Ms. S’s life dramatically changed. The collision was severe; her car spun and struck a parked vehicle. At the time, Ms. S, then in her late 40s, was employed, but the accident left her unable to work.
She suffered severe physical injuries, including fractured ribs, a concussion, and trauma to her back and knees. She also sustained substantial psychological harm. Ms. S needed help. Instead, she experienced insurance issues.
Ms. S should have qualified for Income Replacement Benefits. These benefits specifically support employed individuals who can’t return to work. However, her insurer misled her.
The insurance company confused Ms. S, and she chose Non-Earner Benefits. These benefits are designed for people not working at the time of the accident, for example, stay-at-home parents or students.
As a result, Ms. S found herself locked into a benefit that was far less than she should have received. She ended up qualifying for only $185 per week for a limited period of up to 100 weeks, and she was locked into that decision, as it could not be reversed.
Had she secured the Income Replacement Benefits that she was entitled to, she would have received substantially more — 70% of her pre-accident income. Plus, the benefit payments would have stayed in place for as long as she remained disabled.
Making the wrong choice can cost hundreds of thousands of dollars, leading to catastrophic hardships.
In real terms, without proper financial support, Ms. S’s recovery, comfort, and future were at grave risk.
Campisi LLP Changes the Course: What We Did Differently
Ms. S hesitated to contact a lawyer. She didn’t want a fight on her hands — she just wanted what was fair.
Fortunately, somebody referred her to Campisi LLP. After listening to her story, we knew something had to be done.
Here’s what we did to help Ms. S, ultimately changing the law to help those who came after her:
Investigation: We delved deeper into the misleading information that resulted in her incorrect benefit choice.
Legal Challenge: We disputed the existing “election is final” rule, which usually made it all but impossible to reverse benefit decisions.
Appeal: We appealed to the Licence Appeal Tribunal, arguing that the insurer’s confusing guidance had caused real harm.
Despite winning at the Tribunal, where it was agreed that the original benefit selection was invalid and that Ms. S should receive the more favourable benefits, the insurance company appealed. Twice.
First, the Divisional Court rejected the insurer’s appeal, saying the Tribunal made the correct decision. Then, the insurer tried to take the case to the Ontario Court of Appeal, but that attempt was also denied. The courts ruled that the original decision was the right one.
A Landmark Outcome for Ms. S and for Future Victims
Ms. S benefited from Campisi LLP’s relentless advocacy in many ways.
She received the benefits she deserves. Ms. S now receives the Income Replacement Benefits she deserves. This financial support will assist in her recovery and help her to live with dignity.
Her legal costs were covered. Despite significant legal wrangling, Ms. S’s legal costs were fortunately covered, thanks to the court’s rulings.
Her experience helped other victims. This case set a legal precedent. Insurers now have a clearer obligation to explain accident benefits accurately. Those misled into selecting the wrong benefit may now have a pathway to challenge their decision, something that was nearly impossible before this case.
The Impact: Campisi LLP Doesn’t Just Win Cases — We Set Precedents
This victory wasn’t just for one client. It reshaped the rules, ensuring ongoing fairness for all.
By fighting for justice, we made the system better. A win for Ms. S was a win for everyone else who may have faced the same confusing and high-stakes decisions.
At Campisi LLP, we go beyond singular outcomes — we change the landscape to ensure our clients and their families get the support they deserve.
If you’re injured physically or mentally and are confused about your accident benefits, you’re not alone. Campisi LLP can help you make sense of your options and advocate for what’s right. Contact us to start the discussion.
