Colton Leung represents injury victims in matters involving serious motor vehicle accidents, premises liability, municipal liability, insurance disputes, long term disability denials, nursing home negligence, dog bites, and other complex accident claims. Colton has represented numerous clients before the Ontario Superior Court of Justice and the License Appeal Tribunal (LAT) and is fluent in both English and Cantonese.
Recently, we had a chance to ask Colton a few questions about becoming a lawyer as we think it’s important that you get to know our Team.
Why did you choose to become a lawyer? Was it always a passion of yours and why did you choose personal injury law?
I first had an interest in becoming a lawyer when I first started taking law classes in Grade 11 and Grade 12. Like many high school students, I did not know what I wanted to be or do when I grew up. Following my undergraduate degree, I worked in a boutique personal injury law firm in Toronto first as an office-services clerk, before being promoted to a legal assistant/law clerk position within a few months. One of the lawyers I assisted at the time indicated that I had a knack for the law, which prompted me to look into becoming a lawyer. I have always wanted to live abroad in a different country and this was an excellent opportunity for me to take on that challenge!
I have had experience with many different areas of law, including family law and criminal law, but I have always enjoyed personal injury the most. I enjoy the interactions and relationships I build with clients, adjusters, and other lawyers.
When attending law school, what did you find the most challenging and how did you overcome it?
As I am a very high achiever, I found it challenging to juggle between the sheer amount of school work and studying required in law school, while maintaining a well-balanced and healthy social life. I overcame this by following a set schedule that I had and allocating a set time for my classes, readings, and my own social activities and interactions. I would wake up at 6 AM every morning to go to the gym before attending my classes in the morning. After classes, I would always review all the materials that I have learned on that day and review my notes. I would also do my readings and would finish around 4PM. I would then have my own free time before returning to the library at 9PM to do some
additional studying until 11PM.
On the weekends, I would also allocate time to study during the afternoon and evenings to stay current on my studies.
What year were you awarded with Upper Second Class Honors from Bond University - can you explain to us what that means? Has this been your most memorable achievement so far?
I was awarded a Juris Doctor degree with Upper Second Class Honors in 2016. This designation is reserved for students who obtain an A average throughout their studies in Law and are in the top 10th percentile of their class. Obtaining my Law degree and finishing my postgraduate degree has been one of my memorable achievements so far. I would have to say getting called to the Ontario Bar is my most memorable achievement I have in terms of my academic and professional achievement to date.
Back in 2020, you were elected by your peers to serve on the Board of Directors for the York Region Law Association. What is your favorite thing about serving on the Board and what do you hope to gain?
My favorite thing to serve on the Board of Directors for the York Region Law Association has been meeting many incredible lawyers and sharing our thoughts, insights, and experiences into our professional careers.
I hope to gain experience in leadership in order for me to help and guide other lawyers who are new to the profession in their legal career.
How long have you worked at Iacobelli Law Firm as a Personal Injury Lawyer and what attracted you to our firm?
I have been working at Iacobelli Law Firm since 2018. I have seen Andrew Iacobelli’s advertisements around York Region and when I did some research into the firm, it was exactly what I had hoped for, a personal injury firm that is dedicated to helping others that require legal representation during one of their most traumatic experiences in life.
If you were to tell us one thing that you like about Iacobelli Law firm, what would it be and why?
The close-knit culture between all its employees has definitely attracted me to Iacobelli Law Firm. This is very important to me as I spend a lot of time with my colleagues and peers. Having a very good working relationship with everyone in the Iacobelli team is one of the most important things I pride myself in. This also helps us to better serve our clients as a team.
What do you hope to accomplish professionally in the next five years?
In the next five years, I hope to continue to grow with Iacobelli Law Firm and to take on more responsibilities, including leadership and management roles. I also hope to broaden and expand the firm’s practice areas so that we can expand our clientele base and to help more individuals with their legal issues.
What does Colton like to do in his free time and how does this allow you to de-plug from being a lawyer?
Anyone that knows me would know that I am a huge foodie. I love trying and dining at new restaurants. As I grow older, I also enjoy spending more time with family and friends, and participating in experiences together that I can create lifelong memories.
I am also an avid traveler as it allows me to put a brief pause with my work and enables me to reset to take on more challenging demands and tasks.
Iacobelli Law Firm is honored that Colton Leung chose to work with us. We are truly grateful for his continued hard work, and loyalty to our clients, colleagues and peers.
Our Personal Injury Lawyers understand how important it is to be available to our community at all times and Iacobelli Law Firm realizes how difficult and life-changing it can be for your family when you are involved in an unexpected accident. We are a dedicated Ontario Personal Injury Law Firm that provides compassionate and competent legal counsel for the injured throughout Ontario and we offer a FREE Consultation so please feel free to call us at 1-866-234-6093. We are available to take your call 24/7 and are honored to serve our clients and our community.
Do the Ontario Threshold and Deductible Apply to a Canadian Injured in the United States?
We regularly represent Canadian (Ontario residents) injured in car accidents occurring in the United States. These claims require a law firm with the ability to navigate the complex insurance coverage and liability issues that arise on both sides of the border. As a licensed lawyer in Ontario and in the United States, and with law firm practices both in Canada and in the United States, we are able to identify the issues and guide clients according to their unique circumstances. One issue that often comes up is whether the Ontario threshold and deductible are applicable in the context of a Ontario underinsured or uninsured motorist claim when the accident occurred in the United States. If you do not know what the threshold and deductible are, you can learn more about them in other blog entries. For the time being, I will only comment that these provisions of Ontario law are unfair and put the interests of insurance company profits above the rights of Ontario residents injured in motor vehicle accidents. These provisions of our law seek to reduce or extinguish meritorious claims for injuries for car accidents so that insurance companies can save money. Legislation similar to the threshold and deductible, as they exits in Ontario law, are extremely uncommon outside of Ontario. In my experience, there is no US state law that is anywhere near as discriminating to the rights of the injured as the Ontario threshold and deductible. As such, Canadians injured in the United States will enjoy some of the rights and remedies available to accident victims in the state where the crash occurred.
Many lawyers in Ontario make the assumption that the Ontario threshold and deductible apply to underinsured claims against the Ontario auto insurance policy. For some they base this on the language within the 44R endorsement, which provides that quantum of damages is to be assessed under Ontario law. That section states:
10. In determining the amount that an eligible claimant is entitled to recover from the inadequately insured motorist, issues of quantum shall be decided in accordance with the law of Ontario, and issues of liability shall be decided in accordance with the law of the place where the accident occurred.
Although the threshold and deductible certainly have an impact on the injured party's ability to recover money (damages), the position fails to recognize that at their core the threshold and deductible deal with issues of liability. In fact, they protect a certain class of defendants from liability. It is well established that the issues of liability are governed by the law where the accident occurred (lex loci delicti).
In Chomos v. Economical Mutual Insurance Co [Chomos], Cronk J.A. concluded that ss. 267.1 and 267.2 of the Insurance Act, which are the threshold and deductible provisions in Ontario, are directed to issues of “liability” and not issues of “quantum” within the meaning of s. 10 of the OPCF 44. As a result, Cronk J.A. concluded that the provisions of quantum and deductible do not govern this action.
The case of Chomos was subsequently affirmed in Kampers v. Acevedo[“Kampers”] by Garson J., who stated that “the language in Chomos is clear: accidents that take place outside of Ontario are not subject to the limiting provisions of the Insurance Act regarding threshold deductibles on pain and suffering and collateral benefits."
If you are an Ontario resident injured in the United States, we can help. Even if you already have a lawyer in the United States, we invite you to call us for advice on the Ontario aspects of your insurance claim. We regularly work with lawyers throughout the United States to ensure that cross-border accident vtictims receive full compensation on both sides of the border. To get help immediately, call us 24 hours per day 7 days per week and speak with an experienced Canada - USA cross border accident lawyer. Lawyer Andrew A. Iacobelli is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way.
Learn more by calling us toll free at 1-866-234-6093 or requesting a free consultation using our online contact form.