Stephen Abraham

Burlington Personal Injury Lawyer

Personal Injury and Insurance Litigation

Steve is certified as a Specialist in Civil Litigation by the Law Society of Upper Canada

Stephen, a life long resident of Burlington, is an avid sports fan who enjoys golfing and competitive hockey. He is married with two children.

After graduating from Law School on the Dean's Honours List in 1989, Stephen returned to Burlington and began his practice with Martin & Hillyer. He has developed a very specialized Civil Litigation practice representing plaintiffs in the following areas:

  • Serious Personal Injury
  • Motor Vehicle Accidents and Accident Benefits Claims
  • Disability and other types of insurance claims

Over the years, his practice has allowed him to appear at every level of court in Ontario up to and including the Ontario Court of Appeal.

In 2004 he was recognized by The Law Society of Upper Canada as a Certified Specialist in Civil Litigation.

Stephen has enjoyed a very successful track record at trial. In a recent 2006 decision, Madam Justice Mossip stated:

"This hearing proceeded in an exemplary manner, and counsel, no doubt with the help of his able assistants at counsel table, has presented a textbook case on a civil trial, in my view".

Stephen has been a guest lecturer at Osgoode Professional Development, The Law Society of Upper Canada, Queen's University Law School, The Ontario Trial Lawyers' Association, The Ontario Bar Association, The Legal Education Society of Alberta, The Hamilton Law Association and The Halton County Law Association. He has also presented a number of papers to community groups on various civil litigation topics.

Stephen looks forward to assisting you with any Personal Injury or Insurance Litigation claim.

Education:

1981
Hillfield-Strathallan College
Honours Secondary School Graduation Diploma

1984
University of Western Ontario
Bachelor of Arts
Administrative and Commercial Studies

1986
University of Windsor
Faculty of Business
Honours Bachelor of Commerce

1989
University of Alberta
Faculty of Law
Bachelor of Laws

1991
Law Society of Upper Canada
Admitted to practice law as a Barrister and Solicitor

 

Memberships

  • President of The Halton County Law Association
  • Past Director - Ontario Trial Lawyers Association
  • The Law Society of Upper Canada
  • Association of Trial Lawyers of America
  • Canadian Bar Association

Presentations

  • Queens Law School - Surviving the first year of practice - March 29th, 1993
  • Halton Women's Centre - Limitations and Sexual Assault - November 12th, 1993
  • Ontario Trial Lawyers Association (OTLA) - The Loss of Earnings Capacity Benefit - An overview - May 31st, 1996
  • Ontario Trial Lawyers Association (OTLA), Conference co chair - Winning Strategies For Litigators -May 31, - June 1, 1996
  • Ontario Trial Lawyers Association (OTLA) - Bill 59 Procedures under the new Bill 59 Insurance Bill - October 25th, 1996
  • The Law Society of Upper Canada - Civil Litigation for Law Clerks - Motions and Applications Workshop lecturer - November 8th, 1996
  • Halton County Law Association - Procedures under the new insurance bill 59 - 1997
  • Ontario Trial Lawyers Association (OTLA) new lawyers division - Ontario Insurance Commission - Arbitration Hearings before the Ontario Insurance Commission - December 17, 1997
  • Hamilton General Hospital - Bill 59 - Introduction to the new insurance bill - April 6, 1998
  • Ontario Trial Lawyers Association (OTLA) - Loss of Earnings Capacity Benefit - Gan v. Lehman - May 23, 1998
  • Burlington Executive Network - Introduction to Car Insurance in Ontario - June 9, 1998
  • Board of Trade Club - Neurotrauma: The Next Decade, Implications for Rehabilitation and Long Term Community Needs under Bill 59 -June 12, 1998
  • Ontario Trial Lawyers Association (OTLA), Conference Co-Chair - Persuasion For a New Millennium: Techniques, Tactics and Strategies - November 5-7, 1998
  • Burlington Executive Network - Employer / Employee Liquor Liability - Jacobsen v. Nike Canada Inc. - September 14, 1999
  • Television Program - Taking Care of Your Future -Liquor Liability - December 13, 2000
  • Burlington Chamber of Commerce - Liquor Liability - June 12, 2001
  • Legal Education Society of Alberta - Liquor Liability - Taverns, Employers and Private Individuals - June 25, 2001
  • Television Program - Taking Care of Your Future - Liquor liability and entertaining at Christmas - December 12, 2001
  • C. H. Norton Public School - Career Day - Guest Speaker - April 10, 2002
  • Halton County Law Association, Conference Co-chair - Simplified Procedures - January 31, 2003
  • Martin & Hillyer, Staff Training Seminar - The New PAF Treatment Guidelines for Motor Vehicle Insurance - January 15, 2004
  • Ontario Bar Association - Conducting a Civil Action Efficiently and Effectively: Practical Strategies - ADR: A Tool of Limitless Potential - June 11, 2004
  • Ontario Trial Lawyers Association (OTLA) - Tavern Liability - Intentional Torts Primer - October 25, 2007
  • Osgoode Professional Development - Tavern Liability and Motor Vehicle Accidents -
    April 22nd, 2009
  • Halton County Law Association - New Rules of Civil Procedure -                              November 16, 2009
  • The Hamilton Law Association - The 23rd Annual Joint Insurance Seminar - Tavern Liability - The Plaintiff's Perspective.  December 10th 2009
  • OTLA Spring Conference - The Beasley Bombshell (Changes to Rule 53.03), May 28, 2010

A sampling of cases argued by Stephen B. Abraham:

Dryden (Litigation Guardian of) v. Campbell Estate, [2001] O.J. No. 829

In Dryden v. Campbell Estate, Stephen along with Bruce Hillyer and David Wands represented the Dryden family in a 25 day Trial. Mr. Dryden was severely injured as a result of an impaired, underaged driver who had just left a local tavern in the City of Burlington. The underaged driver slammed into the car containing 14 year old Scott Dryden.

It is believed that this is the only case in Canada where an individual has been found responsible for providing alcohol to another person who later caused a motor vehicle accident. We were also successful in advancing a claim against the tavern.

Stephen was also responsible for arguing the non-deductibility of accident benefits and was successful in having a Judge make a finding that an earlier case on point was wrongly decided.

For complete details click here.

Dryden (Litigation guardian of) v. Campbell Estate, [2001] O.J. No. 4095

The Plaintiffs were successful in the Dryden v. Campbell Estate matter and were paid costs throughout the litigation. Stephen successfully argued that in addition to the payment of costs and assessable disbursements, the Plaintiffs' lawyers should be paid a premium to reflect the measure of success achieved and the risk incurred by the Solicitors. Mr. Justice Cavarzan agreed with his submissions and assessed a premium in the amount of $100,000.00.

For complete details click here.

Lehman v. GAN Canada Insurance Company, [1997] OIC A96-001417

In Lehman v. GAN Canada Insurance Company, Stephen argued the first Loss of Earning Capacity Benefit case in Ontario. He was successful in advocating on behalf of his client that he should receive benefits at the rate of $310.21 per week despite the initial position by GAN that he should receive zero.

Stephen also argued the first appeal with respect to the Loss of Earning Capacity Benefit on behalf of Mr. Lehman

For complete details read Part I and Part II .

Stevenson v. Williams and Minister of Human Resources Development [2002], CPP Pension Appeals Board, CP 16290

In Stevenson v. Williams and the Minister of Human Resources Development, Stephen was retained to argue the appeal on Ms. Stevenson's behalf. The Pension Appeals Board Hearing was conducted in Toronto at which time new evidence was presented on behalf of the Appellant. It should be pointed out that the earlier case was lost and Ms. Stevenson was not awarded benefits. In granting benefits to his client, the three Judges indicated that the evidence that was presented was "overwhelming".

For complete details click here.

Walker v. Sun Shelters Industries Inc., [2006] O.J. No. 2023

In Walker v. Sun Shelters Industries Inc., Stephen represented the Plaintiffs and was successful in advocating an award of damages at Trial. The Trial Judge agreed with Mr. Abraham's assessment of the damages under all headings and awarded the Plaintiffs at the exact amounts requested. Madam Justice Mossip went on to describe the case as a "text book case on a Civil Trial".

For complete details click here.

D.M. and P.M. v. Dominion of Canada

Stephen was retained by D.M and P.M. to represent them in this FSCO arbitration.  He acted as lead counsel in this case where the insurer had denied that D.M. had been involved in an "accident" in accordance with the definition sections of the Statutory Accident Benefits Schedule.  Stephen and Co-counsel David Hayward were able to convince both the Arbitrator and the Directors Delegate that D.M.'s devastating injuries did arise from an accident thus entitling him to coverage.  The case was settled for a significant sum shortly after the appeal was successfully argued.

For complete details read Part I and Part II.

 

Contact Stephen Abraham