Car Accident Lawsuit is 14 Years Old and Is Still Allowed to Proceed Forward

How long does a personal injury or car accident lawsuit take to resolve?

As insurance lawyers, we are asked this question all the time.  Generally the answer is that your personal injury lawsuits arising from a car accident can take anywhere between 2 to 4 years to resolve.

The time is due to all of the various steps involved in the lawsuit, including: Examinations for Discovery; ensuring that productions between all parties are fully exchanged; medical assessments and evaluations; Court motions and procedures; mediation; and Pre-Trial and Trial steps.

Of course, there is always the exception to the rule.

In McIntyre v. Economical Mutual Insurance Group (2010 Ontario Superior Court of Justice), the plaintiff was seeking to continue her Accident Benefits lawsuit even though her car accident happened 14 years earlier (in 1996).

In 2008, being 12 years after the accident, Ms McIntyre’s lawsuit was dismissed by the Court Registry for delay or failing to move forward.  The counsel involved appeared to think that this delay had been set aside and proceeded with Discoveries and productions issues.  Then in 2010, when the parties attempted to set the matter down for Trial, it was confirmed that the action had been dismissed.

After reviewing the facts and the issues of the nature of the delay and whether there would be prejudice to the defendant to allow the lawsuit to continue, Mr. Justice Ramsay allowed the dismissal to be set aside and the lawsuit to continue forward.