Life can take an unexpected turn in a fraction of a second, leaving individuals and their families grappling with the devastating consequences of serious and life-altering injuries. In these critical moments, securing exceptional legal representation isn't just a necessity, it's a crucial step towards rebuilding a future. For those in Toronto facing the profound challenges of spinal cord and traumatic brain injuries, Andrew Iacobelli and his firm, Iacobelli Law Firm, stand out as a leading force in advocating for victims and their families.

With a dedicated focus on the complexities of catastrophic injury claims, Andrew Iacobelli has built a formidable reputation for his unwavering commitment to clients who have suffered the most severe and impactful injuries. Understanding the intricate medical and legal nuances of spinal cord and traumatic brain injury cases is paramount, and it is here that Iacobelli’s expertise truly shines.

A Focus on Life-Altering Injuries
Unlike lawyers that may generalize in personal injury, Andrew Iacobelli hones his practice on the most serious cases. This focused approach means that clients benefit from a depth of knowledge and experience specifically tailored to the unique challenges of spinal cord and traumatic brain injuries. These cases demand an in depth understanding of long-term care needs, future medical expenses, rehabilitation requirements, and the significant impact these injuries have on an individual's quality of life and their family's well-being.

Andrew's experience and focus underscore a commitment to helping only those with very serious life-changing and potentially catastrophic impairments. This dedication is further evidenced by Andrew Iacobelli's recognition within networks such as the Toronto ABI (Acquired Brain Injury) Network, which notes his significant experience in handling brain injury cases.

A Compassionate, Client-Centered Approach
Beyond the legal acumen, what consistently emerges from client testimonials is the firm's compassionate and personalized approach. Victims of devastating injuries and their families are not just case files; they are individuals deserving of empathy, respect, and unwavering support. Reviews frequently highlight the firm's responsiveness, the clarity of their communication, and the genuine care extended by Andrew Iacobelli and his team. This empathetic handling of sensitive situations provides immeasurable comfort during incredibly difficult times.

Clients repeatedly praise the firm for taking the time to listen, understand their unique situations, and guide them through every step of the complex legal process. This client-first philosophy is a cornerstone of Iacobelli Law Firm's practice.

Proven Experience and a Commitment to Justice
Andrew Iacobelli's experience extends to representing clients in both Canada and the United States, including a notable focus on cross-border accidents – an area where he has even authored a book. His membership in prestigious legal organizations like the Ontario Trial Lawyers Association, the Florida Justice Association, and the American Association for Justice further speaks to his standing in the legal community.

While specific multi-million dollar settlements are often confidential, the firm's track record and client testimonials point to a history of securing the necessary resources to help clients move forward. Their "No Fees Unless You Win" promise also ensures that access to high-caliber legal representation is not a barrier to seeking justice.  

Navigating the Path to Recovery and Fair Compensation
For individuals who have had their lives irrevocably altered by a spinal cord or traumatic brain injury, the path ahead can seem daunting. Andrew Iacobelli and Iacobelli Law Firm offer more than just legal representation; they provide a dedicated team committed to shouldering the legal burdens, allowing clients and their families to focus on healing and adaptation. Their understanding of the critical need for access to excellent healthcare and long-term financial planning sets them apart.

Choosing Your Advocate Wisely
When faced with the aftermath of a catastrophic injury, the choice of legal representation is one of the most critical decisions you will make. Andrew Iacobelli's focused expertise in spinal cord and traumatic brain injuries, combined with a proven commitment to his clients' well-being and a strong track record, positions him as a leading lawyer in Toronto for those navigating these life-altering circumstances.

If you or a loved one has suffered a serious injury, seeking knowledgeable and compassionate legal counsel is paramount. Consider reaching out to Andrew Iacobelli and the Iacobelli Law Firm to understand your rights and explore the path to securing the support and compensation you rightfully deserve.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. ​

The open road, the promise of Canadian adventure – renting a car often feels like the ultimate symbol of freedom on a cross-border trip. You envision sweeping landscapes and charming towns, not the jarring reality of a collision. But for U.S. citizens, an accident in a Canadian rental car throws you into a complex legal and insurance maze, far from home.

At Iacobelli Law Firm, we've seen this scenario play out countless times, and our mission is to guide Americans through this often overwhelming experience.

The Immediate Aftermath: Shock, Then Action
The moment of impact is disorienting, wherever you are. But when it's in a foreign country, the stress intensifies. Your first priority, as always, is safety. Get to a secure spot if possible, then immediately call 911. A police report isn't just a formality; it's a critical document that will anchor your insurance claims later on. While the scene is fresh, gather all the details you can: names, contact information, insurance specifics from everyone involved, and snap plenty of photos of the vehicles, the accident scene, and even the road conditions.

Perhaps most importantly, seek medical attention. Even if you feel fine in the shock of the moment, injuries can surface hours or days later. Canadians are friendly, but their healthcare system isn't free for visitors; you'll need to keep every medical record and receipt. And don't forget to contact the rental car company as soon as you're able to let them know what's happened.

Unraveling the Insurance Web: Your U.S. Policy, Credit Cards, and Rental Options
Here’s where it gets particularly intricate for Americans. You might assume your U.S. auto insurance will simply cover everything, and while it often extends some coverage to Canada, the devil is truly in the details.

Your personal U.S. auto policy might offer collision and comprehensive coverage for the rental car itself, meaning it could cover the damage to the vehicle you rented. But it's absolutely vital to confirm this with your insurer before you ever cross the border, understanding your deductible and any limits on the rental car's value. Your policy will also likely provide liability coverage for damages you cause to others, but Canadian provinces often have much higher minimum liability requirements than many U.S. states. If your U.S. policy's liability limits are low, you could find yourself personally exposed for a significant amount if serious injuries or property damage occur.

Then there are your credit card benefits. Many credit cards offer some form of rental car insurance, typically covering damage to the rental vehicle itself if you paid for the rental with that card. However, these benefits are almost always secondary, meaning they kick in after your personal auto insurance. Crucially, they rarely cover third-party liability – the costs if you injure someone else or damage their property. Always, always read your credit card's terms and conditions or call them directly to confirm coverage before your trip.

Finally, you have the rental car company's optional insurance. While the Loss Damage Waiver (LDW) or Collision Damage Waiver (CDW) might seem redundant if your personal insurance covers the rental car, it can save you the headache of deductibles and dealing with your own insurer for vehicle damage. But perhaps the most important add-on to consider, especially for cross-border travel, is Supplemental Liability Insurance (SLI). This provides significant additional liability coverage, often up to a million dollars or more, specifically to protect you from claims exceeding your personal policy's limits. Given Canada's higher legal standards for damages, this can be an invaluable safeguard.

When Injuries Occur: Navigating Claims from Across the BorderIf you've been injured, the landscape shifts dramatically. In Ontario, like many Canadian provinces, you're entitled to Statutory Accident Benefits (SABs) regardless of who was at fault for the accident. These benefits are designed to cover essential costs like medical treatments, rehabilitation, and even income replacement. As an American, you'd typically apply for these through the rental car's insurer or your own U.S. auto insurer if your policy extends to Canada.

Beyond these immediate benefits, if another driver was at fault for your accident, you might also have a "tort" claim. This is essentially a lawsuit against the at-fault driver for damages not covered by your SABs, such as pain and suffering, future income loss, or other significant out-of-pocket expenses. This is where the complexities of Canadian personal injury law truly come into play. Your U.S. insurer will be involved in coordinating payments and recoveries, adding another layer of complexity to an already stressful situation.

Why You Need the Iacobelli Law Firm AdvantageNavigating a rental car accident in Canada as a U.S. citizen can feel like trying to solve a puzzle with half the pieces missing. This is precisely why Iacobelli Law Firm exists. Our unique expertise in cross-border personal injury claims provides a crucial advantage.

Our founder, Andrew Iacobelli, didn't just stumble into this niche; he literally wrote the book on it – "The American's Guide to Personal Injury Claims in Ontario, Canada." This means our team possesses an unparalleled understanding of how U.S. insurance policies intersect with Canadian legal frameworks, particularly Ontario's specific laws regarding accident benefits and tort claims.

With offices strategically located in both the United States and Canada, we offer seamless communication and coordination, acting as your direct bridge between the two legal systems. We understand the nuances of how your U.S. personal auto policy, credit card benefits, and the rental car company's offerings all play out against Canada's distinct no-fault and tort systems. We ensure you maximize every available coverage, meticulously guiding you through police reports, medical documentation, and the intricacies of insurance claims and any potential lawsuits.

Don't let the potential for a rental car accident deter your Canadian travel dreams, but do prepare wisely. Understand your insurance options, and if an accident does occur, remember that Iacobelli Law Firm stands ready with the specialized, cross-border legal support you need. Contact us immediately for a consultation – we're here to help you get back on track.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. ​

Being involved in a car accident is disorienting enough. But for Americans injured in an accident in Ontario, Canada, the stress is compounded by unfamiliar laws, different healthcare systems, and the big question: how long do I have to make a claim?

This isn't a minor detail; it's a critical legal deadline known as the Statute of Limitations. Missing this deadline can permanently bar you from seeking compensation, no matter how strong your case.

At Iacobelli Law Firm, we understand these complexities intimately. Our practice is specifically built to bridge the gap for Americans injured in Ontario, offering a unique blend of cross-border legal expertise and personalized support.

Let's break down the key timelines for Americans seeking to file a car accident claim in Ontario.

The General Rule: Two Years from the Date of LossIn Ontario, the most common limitation period for filing a personal injury claim, including those arising from car accidents, is two years. This two-year period typically starts from the date the accident occurred.

This means that from the moment your vehicle collided in Toronto, Niagara Falls, or anywhere else in Ontario, a clock began ticking. You generally have two years to:

1. File a Statement of Claim (lawsuit) with the court. This is the formal initiation of a lawsuit.
2. Notify your own insurance company of the accident, especially if you intend to claim Statutory Accident Benefits (Ontario's version of NO-FAULT Law discussed below).

Why is this deadline so strict? Statutes of Limitation are designed to ensure that claims are brought forward in a timely manner while evidence is still fresh, witnesses are available, and memories are clear.

Specific Timelines for Statutory Accident Benefits (SABs)
Beyond a tort claim (a lawsuit against the at-fault driver for damages), car accident victims in Ontario are also entitled to Statutory Accident Benefits (SABs), regardless of who was at fault. These benefits cover things like medical and rehabilitation expenses, income replacement, and attendant care, among others.
The timelines for SABs are much stricter:

• 7 days: You must notify your own insurer (or the insurer of the vehicle you were in) of your intent to apply for benefits within 7 days of the accident. While this isn't a hard limitation that bars you forever, delaying can complicate your claim significantly.
• 30 days: You must submit a completed Application for Accident Benefits (OCF-1) to the insurer within 30 days of receiving the application package. The insurer is obligated to send this to you once they receive your notice of intent.

Crucial for Americans: If you have auto insurance in the U.S. that extends coverage to Canada, you'll generally apply for SABs through your own insurer first, or through the Canadian insurer of the vehicle you were in.

Minors and Individuals Under a Disability
If the injured American is a minor (under 18 years old) or an adult who is mentally incapacitated, the two-year limitation period typically does not begin until they turn 18 or regain capacity. However, even in these cases, it's vital for parents, guardians, or legal representatives to seek advice and act promptly.

Why Acting Quickly is Non-Negotiable – Especially with Iacobelli Law Firm by Your Side

1. Preserving Evidence: Memories fade, witnesses move, and physical evidence can disappear. The sooner you act, the stronger your ability to collect crucial information.
2. Medical Documentation: Early medical assessment and consistent treatment create a clear record of your injuries, which is vital for any claim.
3. Cross-Border Complexities Handled: Navigating different legal systems and insurance companies (your U.S. insurer and potentially a Canadian insurer) takes time. With Iacobelli Law Firm, you have a team already fluent in these cross-border challenges, ensuring a smoother process.
4. Expert Legal Counsel: At Iacobelli Law Firm, we specialize in cross-border personal injury claims. Our founder, Andrew Iacobelli, even authored the definitive guide, "The American's Guide to Personal Injury Claims in Ontario, Canada," offering unparalleled insight into the unique challenges faced by Americans in your situation.

The Bottom Line: When in Doubt, Seek Legal Advice from Cross-Border Experts

While this article provides a general overview, specific circumstances can change the applicable limitation periods. The best advice for any American injured in a car accident in Ontario is to contact Iacobelli Law Firm as soon as possible after the accident.

Our unique advantage stems from our deep expertise in cross-border claims. With offices in both the United States and Canada, we are strategically positioned to assist you seamlessly, no matter where you are. We understand the nuances of both U.S. insurance policies extending into Canada and the intricacies of Canadian personal injury law.

We have worked with individuals and attorneys throughout the United States to ensure that when Americans are injured in Canada, they obtain maximum compensation.  To learn more, Contact Us for a Free Consultation.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. 

We're excited to share a brand new video featuring Teresa Park, a valued member of our legal team!  In this insightful conversation with Andrew Iacobelli, Teresa shares her journey from working in insurance defense to passionately advocating for individuals in personal injury and employment law cases.

Watch the Video Now!

A Unique Perspective: From Insurance Defense to Plaintiff Advocacy

Teresa's career path offers an invaluable perspective. With experience on both sides of the table, she brings an insider's understanding of how insurance companies evaluate and handle claims. This unique background empowers her to effectively represent clients and navigate the complexities of personal injury and employment law.

In the video, Teresa delves into:

• Her background and legal education: Learn about Teresa's journey to becoming a lawyer and her initial experiences in insurance defense.
• The transition to plaintiff law: Discover why Teresa chose to shift her focus to representing individuals and what she finds most rewarding about advocating for her clients.
• The advantages of insurance defense experience: Teresa explains how her prior experience gives her a strategic edge in understanding insurance company tactics and maximizing results for her clients.
• The intersection of personal injury and employment law: Explore how Teresa's expertise in both areas allows her to provide comprehensive support to clients facing multiple challenges.
• The human element of law: Teresa emphasizes the importance of empathy, compassion, and building strong relationships with clients during difficult times.

Get to Know Teresa Park
We encourage you to watch the full video to gain a deeper understanding of Teresa's passion, expertise, and dedication to her clients. Her insights are both informative and inspiring, offering a unique glimpse into the world of personal injury and employment law.

Have Questions?
If you have any questions about personal injury or employment law, or if you'd like to learn more about how Teresa and our team can help, please don't hesitate to contact us!

Stay Connected
Be sure to subscribe to our YouTube channel for more informative videos and updates from our legal team.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. ​

As a motorcycle enthusiast and personal injury lawyer in Ontario, Michigan Texas and Florida, I’m deeply concerned by the recent surge in motorcycle fatalities. Riding offers freedom, exhilaration, and connection to the road but it also comes with serious risks. Tragically, we've already seen too many fatalities at the start of the season. The Ontario Provincial Police (OPP) have reported a significant increase in motorcycle-related fatalities, many of which have occurred on weekends and involved speed, loss of control, or right-of-way violations. These aren’t just statistics.  They are lost lives, grieving families, and communities forever changed.

A Weekend Tragedy Hits Close to Home
On May 1st, another life was cut short on Highway 401 near Port Union Road. A 27-year-old Toronto motorcyclist died after colliding with a pickup truck. According to witnesses, he was lane-splitting and traveling at an extremely high speed.   This may or may not be true.  As motorcycle accident lawyers, we are aware that motorcyclists are often injustly criticized.  Witnesses often get it wrong.  There are biases and human factors that come into play that can sometimes result in inaccurate accounts of what actually occurred. It’s a heartbreaking reminder of how quickly things can go wrong.  This past weekend, a fatal motorcycle accident occurred in Kawartha Lakes on May 10, 2025. The incident involved a collision between a motorcycle and a transport truck, resulting in the death of a female motorcyclist.

Why Motorcycle Safety Awareness Month Matters
May is Motorcycle Safety Awareness Month, and it couldn’t come at a more important time. With warmer weather drawing more riders onto the roads, we all need to renew our focus on safety and responsibility.  Motorcycle Safety Awareness Month is being promoted across both Canadian and American highways throughout May, with digital bulletins and signage reminding drivers and riders to share the road safely.

In Canada, particularly in provinces like Ontario, Alberta, and British Columbia, you’ll often see Ministry of Transportation highway signs displaying messages such as:

• “Watch for Motorcycles – Safety Awareness Month”
• “Share the Road – Look Twice, Save a Life”

Similarly, in the United States, state departments of transportation and organizations like the National Highway Traffic Safety Administration (NHTSA) support the initiative by placing safety messages on overhead highway signs and encouraging outreach through:

• “Look Twice. Save a Life. Motorcycles Are Everywhere”
• “Motorcycle Awareness Month – Drive Aware”

These messages serve as timely reminders for all motorists to be especially alert during peak riding season. They’re part of broader efforts to reduce the rising number of motorcycle crashes and fatalities being reported on both sides of the border this spring.

As riders, we must take responsibility for our safety and the safety of others. That means:

• Wearing full protective gear, including a helmet, jacket, gloves, and bright colors for visibility.
• Avoiding excessive speed, especially in high-traffic areas.
• Never riding impaired or fatigued.
• Maintaining proper lane discipline—lane-splitting is illegal in Ontario.

Drivers of passenger vehicles also play a vital role:

• Check blind spots and mirrors carefully, especially when changing lanes.
• Give motorcyclists space—they need more room to brake and maneuver.
• Treat motorcycles as full-sized vehicles, not afterthoughts in traffic.

Legal Support for Riders and Families
When a motorcycle accident occurs, the aftermath is often devastating—physically, emotionally, and financially. As a personal injury lawyer who rides, I bring both legal knowledge and lived experience to my clients’ cases. Whether it’s negotiating with insurers or pursuing compensation for injuries or wrongful death, I understand the unique challenges riders face.

If you or a loved one has been injured in a motorcycle collision, you don’t have to navigate the legal system alone. I’m here to help protect your rights and advocate for the compensation you deserve.

Motorcycle Safety Awareness Month is about real people, real loss, and the urgent need to change behaviors on our roads. Let’s honor those we’ve lost by being safer, smarter, and more mindful. Whether we're behind the handlebars or the wheel.

As someone who lives the riding lifestyle and works every day with clients whose lives have been changed by motorcycle crashes, I urge everyone—riders and drivers alike, to treat safety as a shared responsibility. We can't control every moment on the road, but we can control how we ride, how we drive, and how seriously we take the risks. Let this Motorcycle Safety Awareness Month be more than a reminder.  Let it be a turning point. Ride smart, stay visible, and never take safety for granted. And if you or someone you love has been affected by a motorcycle accident, know that you don’t have to face the aftermath alone.  Reach out for trusted legal guidance from someone who truly understands.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. ​

In Canada, victims of catastrophic injury are being shortchanged by a law that was never fair to begin with. The so-called "cap" on non-pecuniary damages — which limits compensation for pain and suffering — is a symbol of injustice in our legal system. Introduced by the Supreme Court of Canada in 1978, the cap was intended to serve as a ceiling on awards for general damages. But decades later, it's become a cruel barrier that punishes the most seriously injured while rewarding insurers.

The original trilogy of cases that created the cap — Andrews v. Grand & Toy, Thornton v. School District No. 57, and Teno v. Arnold — was decided in a very different time. The rationale then was that pain and suffering is not easily quantifiable, and that excessive awards could burden society. The Court arbitrarily imposed a limit of $100,000. That might sound like a significant sum — until you compare it to the physical and emotional devastation of a catastrophic injury.

The cap applies equally to everyone — regardless of the severity of their injury. Someone who suffers a broken arm may be compensated up to the same limit as someone who is rendered quadriplegic for life. How is that fair?

This is not just bad law — it’s bad policy. The cap disproportionately harms those who need the most help, and it creates an arbitrary ceiling on human suffering. It also undermines the credibility of our justice system. Jurors and judges may want to award more — because they understand the depth of a person’s loss — but their hands are tied by outdated precedent.

Meanwhile, insurance companies benefit enormously. The cap was sold as a measure to protect the public from skyrocketing premiums. But has it really? Insurers continue to post record profits while injured Canadians are told their pain isn’t worth more than a pre-set number.

It’s time to end this injustice. We need to revisit the cap with modern eyes — and acknowledge that no law should place a fixed price on human suffering. It’s not just outdated; it’s fundamentally unfair.
​
The law can change — but only if we speak up. As personal injury lawyers, we see the devastating impact of this cap every day. It’s time for lawmakers, the legal community, and the public to demand reform. Real justice requires recognizing the full extent of a person’s loss.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. ​

I recently had the pleasure of joining Gerry Scott on his informative podcast and YouTube channel, Snowbirds Expat Radio. It was a fantastic opportunity to discuss a topic vital for many Canadians who travel south: understanding their legal rights and insurance when involved in an accident in the United States.

The episode, titled "What would you do if you got into an accident while driving in the U.S.? Would your Canadian insurance cover you? Do you know your legal rights?", delved into the complexities that Canadians can face when dealing with legal issues across the border. We explored the key differences between the Canadian and American legal systems, how insurance policies operate internationally, and some of the most common pitfalls Canadians encounter after an accident in the U.S.

We touched on crucial aspects such as the significant differences in damage awards, the unexpected insurance complications that can arise when renting a car, the implications of British Columbia's no-fault insurance for travelers, and the critical importance of underinsured motorist coverage. We also discussed the role of travel health insurance and the unique function of public adjusters in U.S. property damage claims.

It was a privilege to share some expert advice and hopefully shed light on these important considerations for Canadians traveling to the United States. Understanding your rights and insurance coverage before an incident occurs can make a significant difference in the aftermath.

I want to extend my sincere gratitude to Gerry Scott for hosting me on Snowbirds Expat Radio. It’s a valuable resource for Canadians, and I appreciate the platform to connect with this audience.

If you're planning a trip to the U.S. or simply want to be informed, I encourage you to listen to the podcast or watch the video.

Knowing your legal rights is a crucial part of traveling prepared. I hope this discussion provides some valuable insights for Canadians venturing south.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. 

Andrew: Thanks for joining us. Welcome Teresa. Teresa Park's, a lawyer with our firm. Today we're gonna talk about some of her practice. 
Teresa: Hi there, my name is Teresa. I specialize both in personal injury as well as employment law. 
Understanding Employment Law
Andrew: Employment law is a broad category. Why don't you share with us specifically what you do in employment law?
Teresa: Absolutely. I mean there realistically is two sides to employment law. You can represent the employer as well as the employee, and my focus is solely on the employees. 
Andrew: And what types of cases do you take on behalf of employees? 

Wrongful Termination Explained
Teresa: A large portion of my files are in wrongful dismissal and constructive dismissal. So anyone who was terminated with or without just cause. We try to get the best results for them. 
Andrew: So it's mostly like wrongful termination. 
Teresa: Exactly, yes. So anybody who has been terminated let go or put on any type of leave really, or people that I represent. 

Human Rights Violations in the Workplace
Andrew: Another phrase I hear in employment law is human rights violations and things like that. Is that part of wrongful termination? Or is that a different category altogether? 
Teresa: Yeah, absolutely it could be involved in the wrongful termination. So I see a lot of clients that come to us where the employer has been really egregious in the matter. They'll either fire them without any severance, without any real acknowledgement of what they've done, or they will fire them after they've actually done something egregious in order to bury what they've done. So in terms of that, we can go to the tribunal and bring action forward as well. 
Andrew: Okay. And tell me a little bit about what would be a typical human rights violation. What kinds of things are we talking about? 
Teresa: I see a lot of files with sexual harassment, any kind of bullying and, just destructive behavior where a person would just feel very insecure, anxious to go back to work that can cause things like depression and someone to quit because they can't handle the harassment.
Andrew: What about discrimination? Is that part of that too? 
Teresa: Discrimination is a part of it and we see it unfortunately quite often, but sexual harassment is pretty top on the list. 
Andrew: Alright. Discrimination ones, would that include age and gender and religion and the typical things we think about? 
Teresa: Yes, and it can be actually as subtle as emails or text messages regarding someone's race or sexuality or anything about their looks. It really is a quite exhaustive list of the ways that people can be harassed at work and discriminated against. 
Andrew: So you mentioned you represent the employees? 
Teresa: Yes. 
Andrew: That has been either terminated or discriminated against in their workplace. I have a couple of questions from that. So who's the defendant that the claim is being brought against? A follow-up to that is, what's the goal in these employment cases? What are you trying to obtain for your clients? 
Teresa: Great questions. 

Severance and Compensation
Teresa: What people don't know actually is if you are unionized, you have both an action against the employers themselves as well as the union. So there are completely separate actions and you would be able to get damages from both streams.
Andrew: When you say damages, you mean money. 
Teresa: Exactly. Okay. 
Andrew: Money. How do you determine how much money a person's entitled to in an employment type case? 
Teresa: That's where it gets a bit more complex. So under the ESA, which is the Employment Standards Act of Ontario, you are entitled to a certain amount, depending on how long you were at the firm, whatever egregious matter may have happened.
However, what a lot of people don't realize, and this is where lawyers become really important, is that you also have a common law claim. You can't claim both at the same time, but the rules of the common law actually allow you to get quite a significant amount, more of severance. Again, depending on how long you were at the firm, the amount that you were making, and again, on top of that, you can have a union action if you are part of a union.

The Importance of Legal Consultation
Andrew: Okay. And what if somebody feels like they were wrongfully terminated, but the employers offered them money at that point should they accept the money or would you recommend always speak to a lawyer if you're offered money, if you feel like you've been terminated wrongfully. 
Teresa: So my golden rule of thumb is always have your severance package looked over by a lawyer or the termination letter as well, because generally there is going to be more on the table no matter how reasonable the offer actually looks to you.
Andrew: Wow. So it's definitely worth consulting with a lawyer, even if your employers made you an offer. 
Teresa: Absolutely. And I think it also protects your rights because some employers will put restrictions on what you can and cannot do after the fact, and you wanna make sure that those don't infringe on your own rights after you leave, once you transition into another role.
Andrew: Now in personal injury we're used to, whenever there's an exchange of money, there's typically a release side. 
Teresa: Yes. 
Andrew: Is that something that also comes up in the employment setting? 
Teresa: Well essentially that is coupled in with the termination letter. That's what you will see from your employer. It could be an anti competition clause, or you could literally be signing away any kind of stocks that you may have attained. Likely a lawyer will know exactly what to look for, 
Andrew: So if they're presented with a document and asked to sign, that should go off as like an alarm or a yellow flag and say, no, I should probably get this looked at. 
Teresa: Being terminated is such a traumatic event anyways. It is really important to not only make sure that your rights are preserved, but to have some kind of security in the fact that you're walking away with having the best representation and the best case scenario and already in a pretty unfortunate situation.
Andrew: So what do you look for? If someone's calling and they have a potential case or they think they have a case, what kinds of things do you look for? What should they look for as potential signs or flags that I might have a wrongful termination case here? 
Teresa: The first thing I would do is check the termination letter. Generally speaking, they will outline exactly what you're being terminated for and they will also give you an updated report or anything like that if there were any investigations to have happened, et cetera. So that is the first thing that I look for, is I ask for the termination letter so I can exactly determine the reason.
And then from there we unpack the story. So this is where it's really important, where you get a lawyer that listens. Every little thing truly matters because it's about building a narrative of why you were singled out. And if for example, it wasn't just you and it was a whole department, then it gets to a bigger territory.
Andrew: And what if it's a small business that maybe isn't as formal? There's no termination letter, just a manager saying you're fired. 
Teresa: Absolutely. It becomes more difficult when there isn't a termination letter. But under the law, under the ESA, you still have rights and you have rights to severance, and you will likely have rights to a notice.
Despite the fact the company may be small and a mom and pop shop doesn't preclude from the fact that you still deserve your severance. 
Andrew: Is there any money in addition to severance that people can claim in the right circumstances? 
Teresa: So it goes back to the human rights aspect. So when there's an egregious act on behalf of the employer, what we'll do is that we will add the bad faith or human rights violation.
And in that way, we can get a little bit more for our clients because of all the trauma that they've been through. 

Benefits of Contingency Fee in Employment Law
Andrew: And what about people that maybe think they have a case, but they're afraid of the cost of hiring a lawyer? How do employment lawyers get paid? 
Teresa: Yes. This is a very difficult topic for a lot of clients because again, they're coming to us in a position where they've just lost their jobs, and likely they won't be able to afford the hourly fee or the retainer. So generally, in most employment law firms, what they'll do is they'll ask for an upfront retainer, and then from then on they would take away from each hour that they work. 
However, the problem with that is that hourly is very expensive. Employment lawyers are not cheap, so it actually is, for me anyway, a barrier to justice. And the beauty of having contingency, which is what our firms offer, is that we're able to work on your file as much as it needs. It just makes sense. People are coming to us in a position where they just lost their jobs. They're in a very unfortunate financial situation, and a lot of people don't have the funds to give out $5,000, $10,000 at a time in order to retain a lawyer.
So the benefit of the contingency fee is that we are able to work on your file as much as it requires as much attention. We're able to be super diligent with your file and it won't cost you a dime until we make sure that you get a settlement. 
Andrew: Is your service doing it on contingency fee, is that particularly unique in the area of employment law?
Teresa: Absolutely. It is very uncommon for employment lawyers to do contingency. 
Andrew: The other benefit to that though is. If you're taking a case on contingency fee, if you're actually accepting a case, you've made at least an initial assessment. I know you can't predict with certainty till you start doing discovery and really digging into a file, but you've at least made an assessment at the outset that this claim may have merit.
That also can give the client a bit of peace of mind. It's not cost them anything. The lawyers invested in it, spending money and time and effort to try to give me a resolution, and so that should give the client some more confidence and peace of mind too that they pick the lawyer that actually believes in their case, which is similar to what we do at personal injury.
Teresa: Absolutely. WhenI do my consultations, I am very thorough. In order to determine to make sure that it is a viable case and that I am the right lawyer to bring you the settlement that you deserve, my consultations will go on for quite some time. What that does is give you a pretty good, accurate idea on where I would take it if it's a possibility and the strength of your case.

Can I Always Sue My Employer If I've Been Wrongfully Terminated?
Andrew: Are there some misconceptions about employment law that you can think of? 
Teresa: Yeah, I think the biggest misconception is that you can always sue your employer, but there are quite a few instances where it's not viable. For example, if you were fired within your probation period, whatever that may be, and you signed off on your contract, there's really no way for you to really seek severance. Also, when depending on the length of the probation, it wouldn't actually fall under what the ESA requires for you to seek severance. 
Andrew: And that kinda leads me to another thought and question. Does the length of time that you're employed with an employer, does that have a bearing typically on the merits of the case or the value of the case? Is that something you look at as well? 
Teresa: When we're talking about just severance, the length of time you work, for and with an employer is the number one factor in determining the amount that you are entitled to actually. Depending on if you pursue severance under the ESA or the common law, the amounts that you can claim for is different, but a large part of that is how long you are working for the employer, and if it's under common law, you can also look at, your seniority level and your age and how difficult the market is to penetrate after you leave.

Wrongful Termination in Personal Injury Cases
Andrew: Another question I have now is something that we see as a pretty common scenario where we may represent someone who's involved in a car accident or a slip and fall accident. They have injuries, they've returned to work. They're not quite as good of an employer as they used to be. They're struggling, they might be taking medications, they might be taking numerous days off. Then ultimately they're let go or fired. 
Just in that sort of scenario, and I know it's not specific, it's general, but what kind of employment issues might arise in that scenario where somebody has had an injury and then it impacts their ability to work?
Teresa: That's a great question because it's something I really want everyone to know. Your employer has a duty to accommodate. So for example, let's say you were in an accident and you're a cashier and you can't stand on your feet for X amount of time and you request a chair. Just so that you can sit and scan the items, and if they refuse, that is them violating their duty to accommodate.
There are a lot of things that I understand people may be concerned about bringing to their employer, but ultimately speaking under the law they are responsible for essentially taking care of you and making sure you are able to work in that job that you were hired for. 
Andrew: And what about, here's another scenario that sometimes ties into our other practice areas, personal injury, where someone works for a company, they've worked there for a long time, they might be close to retirement age. Now the accident and the injuries are impacting on their performance at work, they decide to retire. 
What's your view on that? Should they speak to a lawyer before making that decision to retire? And if so, why? 
Teresa: Before you make any kind of big life changes, it's really important to at least have a lawyer think it over, look it over and see what your situation is. But again, going back to if you have to retire earlier because your employer is failing to accommodate you, that is a possible stream that we can go into. 
Andrew: Yeah, and that's the same advice I give our clients on the personal injury side. If you're gonna stop working, talk to us first, because sometimes people don't realize that they actually have other benefits available through work, short term, long term disability, and they choose to retire. Then they've lost out on this other income stream potentially for those last few years. 
Teresa: Especially with employment law, because there are so many streams in which you can argue within. It gets very complicated. A lot of misconceptions that I find in employment is that people think, I can just sue my employer only.
But again, there are union actions, there is human rights action. It's really nice when you can speak to a lawyer so Basically all the cards are on the table before you make any big life changes. 

Union Actions in Employment Law
Andrew: Are the employers that are unionized, are those more complex employment cases or are they simpler or the same, or how would you describe that?
Teresa: It's yes and no. Sometimes it gets more complex because now you're dealing with what the union says compared to what the employer says. But because they're technically different actions, it doesn't become significantly more complicated, but there are times where, you know, maybe the union and the employer don't agree and then it gets a little bit muddied.

How Do I Find The Right Employment Lawyer?
Andrew: So if somebody's out there listening to this or watching this and they're considering looking for an employment lawyer, what kind of advice would you suggest in terms of finding the right employment lawyer for you? 
Teresa: I think with employment law, it's different from other streams. You found a good lawyer when they ask an enormous amount of questions because they need all the information to give you all the cards that you're able to pursue, all the paths that you can. Whereas if a lawyer just asks a couple of questions, for example, how much do you make? How long have you been there, then they're not gonna get you the best results because they may be missing core damages such as human rights issues.

Employment law is quite complex in a sense. There are different paths and streams that you can take, but because of that, it is a very fruitful situation because you are able to collect in different ways. A lawyer who practices employment law has to know what those are and can only determine that once they get all the information from you as a client.

How Much Severage Can I Get?
Andrew: What kind of questions do your prospective clients usually have? 
Teresa: The main one that I get is how much severance can I get? I get asked that quite a lot, and of course, as every lawyer will say to any legal advice, it's, it depends. I have to ask you all the relevant questions in order to determine that, because again, under different laws, the ESA, common law, et cetera. These numbers change. For example, if your company has a payroll of over $2.5 million, your severance amount also changes. 
So there are little things that will determine how much your severance will be, and only a well, a formed lawyer will know that. And only a lawyer that has asked you all the right questions will know that.
Andrew: I'm assuming you can't determine with specificity at the initial meeting. But is that something that you can generally get a sense of when you first meet a client and ask the right questions? 
Teresa: I can generally give you a range. I can also give you quantums of what the courts have awarded. For example, if it's a human rights violation. I can tell you, in regards to this, the courts have awarded $5,000, $10,000,$15,000, so I can give you those vague numbers. But like you were saying, it's impossible for me to tell you exactly the amount, but I can at least give you a range so you can determine if this is something you wanna pursue or not.

Constructive Dismissal and Toxic Work Environments
Andrew: So a term I hear sometimes is constructive dismissal. Explain what that is. 
Teresa: Yeah, absolutely. I think a lot of people. Either have never heard of constructive dismissal, or they'll use it interchangeably with wrongful termination. Essentially, constructive dismissal is when your employer makes your work condition so intolerable that you're forced to resign or quit.
This could be something like making the environment very dangerous, putting you in a situation where you may lose your license if you continue doing, and it is a very real thing that you can bring up. It is just as important and just as viable as a termination case. 
Andrew: Wow. So even if you quit, because let's call it a toxic work environment, you might have a claim.
Teresa: Absolutely. It's something that a lot of people don't know, but it's important for people to know because the employer does not have a right to make you suffer, to harass you, to bully you and make workplace conditions really dangerous. 
Andrew: And do you think in those contexts that the employer is doing that so that they can avoid paying severance, force you to re leave or retire or quit in a way to save money for themselves?
Teresa: It's a very common tactic that they'll use because a threshold is high. The reality is it is difficult to say, oh, you know this employer forced me to retire early to leave the company. But it is something that is possible. And as long as you have the documentation and you are very diligent with making logs and notes and saving the emails, it is something that you can definitely pursue and I would recommend pursuing.

Documenting Your Case
Andrew: So that was gonna be my follow up question.  If somebody's in a work environment right now and they feel like this is a bad place. I want to quit. What kinds of things can they do to basically develop that case and help you prove that they were constructively dismissed? 
Teresa: The first thing I would recommend for anybody is to reach out to a lawyer.
Again, if you're going to do something as significant as quitting your job, especially due to harassment or, work, workplace safety issues. It's very important that you reach out to a lawyer because we can tell you specifically what you're going through, what you should do. And a large part of it is document collecting, making logs, whenever you have a meeting, even recording it. That is gonna be the foundation for your file. As soon as you can do it and get in contact with a lawyer, the better. Truly. 

Final Advice for Wrongful Termination
Andrew: So if somebody's watching this now and they think they may have been wrongfully terminated, what's the number one advice you would give them? 
Teresa: I would absolutely first make sure that you get some kind of letter of termination, some kind of proof of why you were terminated. A lot of the time employers will try to avoid their obligation by terminating you orally, so you have no proof, you don't really know what's happening. So absolutely the first thing is to make sure that you have documentation, and the second part is to reach out to a lawyer, because there are a lot of things that employers may try to hide because they know that you don't know the law and a lot of people don't. It's a very complex system, and it's only a lawyer that will be able to tell you if you were truly wrongfully terminated. Once they have all the facts. 
Andrew: Thanks for joining us, Teresa. 

Have Questions? Contact Us Today!
Teresa: If you have any questions, please comment below. You could reach us on our website or our 24 hour hotline and you can schedule a free consultation with us
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We are excited to announce that Teresa Park has joined Iacobelli Law Firm as a litigation lawyer, bringing with her a wealth of experience and a deep commitment to client advocacy. Teresa practices in the areas of personal injury law and employment and labour law, and she has already made a significant impact as the founding lawyer and manager of our firm’s employment law section.

With a strong passion for justice, Teresa is dedicated to helping individuals who have suffered serious injuries and those facing workplace injustices. She ensures every client receives the attention and representation they deserve, combining her strategic insight with a compassionate approach.

Teresa earned her Juris Doctor from Osgoode Hall Law School and holds an Honours Bachelor of Arts & Science from York University, where she graduated summa cum laude. Her academic achievements include receiving the Gina Feldberg Prize and the Ellen Baar Award for achieving the highest GPA in her department and major.

Throughout her legal career, Teresa has shown a deep commitment to community and advocacy. At Osgoode, she served as Executive Chair of Pro Bono Students Canada (Osgoode Chapter) and represented clients in social assistance and employment law matters as a student caseworker at Parkdale Community Legal Services.

Before joining Iacobelli Law Firm, Teresa practiced at a respected insurance defence boutique, where she gained extensive experience in personal injury and insurance litigation. Her background provides her with a valuable perspective on how insurers approach claims—knowledge that strengthens her ability to advocate for injured individuals and maximize their compensation. Teresa later focused her practice on employment law, successfully representing clients in wrongful dismissal, workplace harassment, and human rights cases. She has appeared before the Ontario Superior Court of Justice and various administrative tribunals, skillfully handling mediations, hearings, and negotiations.

Teresa also brings a unique cultural perspective to the firm as a fluent Korean speaker, and she is proud to provide legal services in both English and Korean. Her ability to connect with clients in their preferred language reflects her commitment to making justice accessible to all.