Ontario legal information · Ottawa and Eastern Ontario
The useful question is more specific than the page title.
A defendant may argue that an unreasonable failure to reduce loss increased the damages, but injured people are not required to accept every proposed intervention.2
Insurers may also require information or examinations under a policy or statutory scheme; those duties should be identified precisely.
Keep responsibility, available coverage and actual loss in separate columns.
Legal route
Mitigation is assessed in the civil damages analysis.
Insurance or benefit route
SABS, LTD and other plans have distinct cooperation and treatment provisions.
Practical decision
The care decision should stay with the patient and treating team after informed discussion.
Build the record from material another person can verify.
Recommendation, alternatives and expected benefit.
Contraindications, side effects and patient goals.
Cost, access, transport and family barriers.
Attendance, home program, response and follow-up.
Protect the next date without pretending every claim follows one clock.
Address a barrier when it appears instead of leaving an unexplained gap.3
An insurer request may have a response date even when treatment decisions remain ongoing.
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.
- Identify the actual recommendation
- Document the decision process
- Solve practical barriers where possible
- Respond to mitigation arguments
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 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
- Ontario — Negligence Act
Apportionment of fault and contribution between people responsible for a loss.
Back to footnote ↑ - Ontario — Statutory Accident Benefits Schedule
The current rules for Ontario automobile accident benefits.
Back to footnote ↑ - Ontario — Limitations Act, 2002
Ontario's basic limitation and discoverability framework, subject to important exceptions.
Back to footnote ↑