What province you have an accident in matters to the outcome

July 27, 2023, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Understanding the differences between Ontario and Quebec laws is crucial when it comes to personal injury claims. Location plays a vital role in determining the value of residential properties, the success of businesses, and the outcome of personal injury cases resulting from car accidents, medical malpractice, or slip and fall incidents. While criminal law in Canada is governed by federal laws, injury law falls under provincial jurisdiction. Ontario and Quebec have clear distinctions in their legal systems, and being aware of these differences can help injured individuals maximize their recovery and compensation.

Ontario operates under the common law system, which relies heavily on case law or judicial precedent. Common law principles evolve through judicial decisions and interpretations by judges for each specific case. This system is dynamic and adaptable, reflecting societal changes over time. On the other hand, Quebec follows the Quebec Civil Code, which is based on the civil law tradition. In civil law, legal rules and principles are codified in written legislation, providing clear guidance on various legal matters. While judicial processes are important in civil law, they do not establish binding precedents as they do in common law.

These differences have significant implications, particularly in personal injury cases. Ontario's common law system allows courts to adapt to new types of injuries and evolving societal values. However, it can lead to unpredictability as similar facts may be interpreted differently by courts. Quebec's civil law system provides certainty in personal injury matters such as fault assessment, damages calculation, and victims' rights. However, it lacks the adaptability of common law, making it challenging for individuals accustomed to the Ontario system and vice versa.

When it comes to motor vehicle accidents, the most common form of personal injury in Canada, Ontario and Quebec have different approaches. In Ontario, an injured person can sue for compensation through the courts based on common law principles and can also claim no-fault accident benefits under the Statutory Accident Benefits Schedule (SABS). However, the SABS system can be complex, particularly for individuals with severe injuries. In Quebec, a no-fault system administered by the Société de l'Assurance Automobile du Québec (SAAQ) is in place. While the Quebec system eliminates the right to sue the at-fault driver, it provides automatic benefits to accident victims through the SAAQ.

These unique structures of motor vehicle accident regulations often lead to confusion, especially for individuals unfamiliar with the workings of the SAAQ or the SABS. This lack of knowledge can create challenges for Ontarians injured in Quebec and vice versa.

Another distinguishing factor between the provinces is the treatment of legal fees. In Quebec's no-fault system, legal fees are not paid, resulting in less reliance on personal injury law and greater emphasis on administrative tribunals. In Ontario, the tort system allows innocent accident victims to sue the at-fault driver and potentially recover legal fees. The tort system does not apply to Ontario residents injured in Quebec, but Quebecers injured in Ontario may be eligible for a tort claim. The governing principle for injury cases is lex loci delicti commissi, meaning that the substantive law of the place where the wrongful act occurred applies.

For residents of Quebec and Ontario, it is crucial to understand these legal differences, especially if they frequently cross the Ontario-Quebec border. Many individuals live in one province but work in the other or own properties in both. Knowing the legal distinctions between the home province and the visiting province is essential.

Quebec residents often find themselves misinformed about their injury rights. If they are involved in a crash in Ontario, they can collect SAAQ benefits and also make a common law claim for compensation under Ontario law. However, the situation is reversed for Ontario residents injured in Quebec. They can collect SAAQ benefits and possibly SABS benefits, but they have no right to sue the at f fault driver for compensation in either the Quebec or Ontario courts.

In cross-province injury cases, it is crucial to seek the guidance of a qualified personal injury lawyer. Personal injury law can be complex, and having an experienced professional by your side can simplify the process. Regardless of the province where the injury occurred, a personal injury lawyer is best equipped to help you obtain fair compensation for your unique situation. Failing to contact a lawyer after an injury may result in missing out on rightful compensation for your losses.

Additionally, it is essential to seek out location-specific experts when dealing with cross-border injury litigation. Local service providers should be involved in your case. Ideally, your lawyer should be local to your place of residence and ensure that you receive the best and most appropriate rehabilitation care for your specific injury or impairment. Collaboration with a qualified lawyer in the region where the injury occurred is often necessary. Your Ontario injury lawyer may require the advice and guidance of a Quebec lawyer, and vice versa, to effectively litigate an out-of-province case.

Understanding the distinctions between Ontario and Quebec personal injury laws is crucial. By being aware of these differences, you can better navigate the legal system and be prepared for any situation that may arise. Working with a lawyer who is well-versed in the relevant jurisdiction can provide you with the necessary knowledge and confidence to tackle your case, regardless of where you reside.

The differences between Ontario and Quebec laws have significant implications for personal injury cases. Ontario operates under the common law system, while Quebec follows the civil law tradition. These differences affect various aspects, including the approach to personal injury claims, motor vehicle accident regulations, and the treatment of legal fees. It is essential for residents of both provinces to understand these distinctions, especially those who frequently cross the Ontario-Quebec border. Seeking the assistance of a qualified personal injury lawyer and relying on location-specific experts are crucial steps to ensure the best outcome for your case.

If you are injured in an accident out of province you should contact your home lawyer and your insurance company to get direction on how to proceed.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.