Overview 

A client sustained a traumatic brain injury in a motor vehicle accident that left her catastrophically impaired and unable to return to work. Despite the defence advancing an inevitable accident defence, the matter was successfully resolved in 2026 with an all-inclusive settlement of $1,060,000, covering both the tort and accident benefits claims. 

Key Takeaways 

  • Settlement: $1,060,000 all-inclusive (tort and accident benefits)  
  • Accident type: Motor vehicle accident  
  • Primary injury: Traumatic brain injury  
  • Resolution: Settlement in 2026  
  • Notable legal issue: Defence pursued an inevitable accident defence  
  • Medical treatment: Initially treated at Sunnybrook and later transferred to Bridgepoint Sinai  
  • Catastrophic impairment: Accepted as catastrophically impaired by the automobile insurer  
  • Long-term impact: Unable to return to any employment  

The Case 

Following the collision, the client was diagnosed with a traumatic brain injury and received acute care at Sunnybrook before continuing her rehabilitation at Bridgepoint Sinai. The severity of her injuries led her automobile insurer to designate her as catastrophically impaired. 

A central issue in the litigation was liability. The defence argued that the collision was an inevitable accident, requiring the plaintiff to overcome a significant legal hurdle while also establishing the extent of her injuries and resulting losses. The evidence demonstrated that the traumatic brain injury had permanently affected her ability to work, leaving her unable to return to any form of employment. 

The parties ultimately resolved the matter in 2026 through an all-inclusive settlement of $1,060,000, encompassing both the tort claim and the accident benefits claim. 

Why It Matters 

This case highlights that traumatic brain injuries can have life-changing consequences, including the inability to return to work. It also demonstrates the importance of pursuing appropriate compensation where catastrophic impairment has been recognized. 

The result further illustrates that complex liability issues, including an inevitable accident defence, do not necessarily prevent a successful resolution when supported by the appropriate evidence.