Current to August 2026

Ontario legal information · Ottawa and Eastern Ontario

01 · Understanding the issue

The useful question is more specific than the page title.

Being unable to perform the pre-accident job does not automatically prove inability to perform every job or entitlement under every policy.2

A useful analysis separates current capacity, accommodation, wage loss, benefit eligibility and longer-term vocational evidence.

02 · Insurance and responsibility

Keep responsibility, available coverage and actual loss in separate columns.

Legal route

A civil claim may include past and future income loss caused by fault.

Insurance or benefit route

SABS income replacement, LTD, WSIB, employment benefits or EI may have different tests.

Practical decision

Employer accommodation and a safe return plan are practical issues distinct from final claim value.

03 · Evidence

Build the record from material another person can verify.

01Event and people

Job description, physical and cognitive demands.

02Health and causation

Restrictions, prognosis and treatment plan.

03Function and loss

Hours, duties, symptoms and failed work attempts.

04Documents and decisions

Payroll, tax, benefit and employer correspondence.

Work capacity may need to be tested in steps rather than decided once.
04 · Timing and decisions

Protect the next date without pretending every claim follows one clock.

Give timely medical support to each benefit payer and respond to requests for updated function.3

Protect appeal and lawsuit dates even while an employer explores accommodation.

05 · When legal help may matter

How a personal injury lawyer may use this information.

General information explains the framework. Legal advice should connect that framework to the event, the people and insurers involved, the available records and the deadlines in the individual claim.

  • Define essential job demands
  • Map income sources
  • Document sustainable capacity
  • Coordinate return-to-work evidence

Not every file requires every step or legal representation. The work should respond to the actual dispute, evidence gap or decision that is approaching.

Sources

Sources and legal references

These official sources provide the legal and procedural foundation for this page. Their current wording and the facts of the claim control.

View 3 sources
  1. Ontario — Statutory Accident Benefits Schedule

    The current rules for Ontario automobile accident benefits.

    Back to footnote ↑
  2. Ontario — Insurance Act

    Ontario automobile liability, statutory benefit, threshold and deductible framework.

    Back to footnote ↑
  3. Ontario — Limitations Act, 2002

    Ontario's basic limitation and discoverability framework, subject to important exceptions.

    Back to footnote ↑
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