Court file no.

4198472
ONTARIO
SUPERIORCOURTSOFJUSTICE
BETWEEN:
DAVIDMILLER
Plaintiff
and
SHAWNBLACK
Defendant
STATEMENTOFCLAIM
TO THE DEFENDANT
A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiff. The
claim made against you is set out in the following pages.
IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must
prepare a statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the
plaintiffs lawyer or, where the plaintiff does not have a lawyer, serve it on the plaintiff, and file it, with
proof of service in this court office, WITHIN TWENTY DAYS after this statement of claim is served
on you, if you are served in Ontario.
If you are served in another province or territory of Canada or in the United States of America, the
period for serving and filing your statement of defence is forty days. If you are served outside Canada
and the United States of America, the period is sixty days.
Instead of serving and filing a statement of defence, you may serve and file a notice of intent to
defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitle you to ten more days
within which to serve and file your statement of defence.
IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENTMAYBEGIVENAGAINST
YOUINYOURABSENCEANDWITHOUTFURTHERNOTICETOYOU.IFYOUWISHTO
DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID
MAYBEAVAILABLETOYOUBYCONTACTINGALOCALLEGALAIDOFFICE.

(Wheretheclaimmadeisformoneyonly,includethefollowing:)
IFYOUPAYTHEPLAINTIFFSCLAIM,and$
forcosts,withinthetimeforservingand
filingyourstatementofdefenceyoumaymovetohavethisproceedingdismissedbythecourt.Ifyou
believetheamountclaimedforcostsisexcessive,youmaypaytheplaintiffsclaimand$400forcosts
andhavethecostsassessedbythecourt.
Date: February 18, 2016

..........................................................................

Issued by ...........................................................................
Local registrar
Address of
court office

TO:SHAWNBLACK
6440 Main Street,
Niagara Falls, ON L2M 9T5

59CourtStreet
St.Catharines,ONL2R7N8

CLAIM
1. Theplaintiff,DavidMiller,claimsfromthedefendantasfollows:
a. Generaldamagesintheamountof$200,000
b. Specialdamages,includingdamagesforeconomicloss,intheamountof$500,000
c.

Prejudgementandpostjudgementinterestpursuanttosections128and129theCourtsof
JusticeAct,R.S.O.1990,c.C43

d. Costsofthisactiononasubstantialindemnityscale;and
e. SuchfurtherandotherreliefasthisHonourableCourtmaydeemjust.

Parties
2.

The plaintiff, David Miller (hereinafter referred to as the Plaintiff), is an individual,

ordinarily resident in the City of St. Catharines, in the Regional Municipality of Niagara, in the
Province of Ontario.

3.

The defendant, Shawn Black (hereinafter referred to as the Defendant), is an individual

ordinarily resident in the City of Niagara Falls, in the Regional Municipality of Niagara, in the
Province of Ontario.

4. OnoraboutApril14,2015,at5:00a.mthePlaintiffwasoutstartingtowalkhisdogRustyon
hisnormaldailyroute.

5. Duringhiswalk,thePlaintiffwaslisteningtohisIpodandwaswearingheadphones,while
walkingatamoderatepace.

6. ThePlaintiffwastravellingSouthonBuntingRoadwherehearrivedata3wayintersection
atBuntingRoadandGreenwoodAvenuewhereheneededtocrossovertoGreenwoodAvenue
intheSoutherlydirectioninordertocontinuehiswalkonBuntingAvenue.

7. Atthattime,thePlaintiffstatesthathetookthenecessarycautiontomakesureitwassafeto
crosstheintersection,thePlaintifflookedrightandseenthattherewasnomotorvehiclescoming
fromthatdirection,however,whenthePlaintifflookedleft,comingfromthedistancewasthe
DefendantsmotorvehicleaFordF150truck.

8. BeforethePlaintiffproceededtowalkacrossthecrosswalk,henotedthattherewasastop
signwhichwasfacingtheDefendantsdirectionandexpectedtheDefendanttoabidebythe
rulesoftheroadandstopatthestopsign.

9. TheDefendantfailedtostopatthestopsignandasaresulttheDefendantsvehiclehitthe
leftsideofthePlaintiff,withtheimpactknockinghimtotheground(hereinafterreferredtoas
theSubjectAccident).HisdogRustydidnotsustainanyinjuries.

10. ThePlaintiffstatesandthefactisthatthePlaintiffwasapedestriancrossingatthecrosswalk
andhadtherightofway.

11. ThePlaintiffstatesthattheSubjectAccidentwascausedbythenegligenceoftheDefendant.
Particularsofthatnegligenceareasfollows:
a) Hefailedtokeepaproperlookout.
b) Hefailedtooperatehismothersvehiclewithoutproperduecareandattention.
c) Failuretoprovidereasonableconsiderationforotherpersonsusingtheroadway.
d) Drivingatanunsafespeed

12. Inadditiontotheaboveallegations,thePlaintiffpleadsandrelyuponsections130,192and
193oftheHighwayTrafficAct,R.S.O.1990,c.H.8,asamended.

13. UponreceivingtheDefendantspolicereport,ithasbeennotedthattheDefendantwas
chargedwithcarelessdrivingpursuanttosection130oftheHighwayTrafficAct,R.S.O.1990,
c.H.8,asamended.

14. The Plaintiff states that as a result of the Subject Accident, the Plaintiff has sustained permanent
serious disfigurement, and, permanent serious impairment of important physical, mental and/or
psychological function. Particulars of the injuries sustained by the Plaintiff as a result of the
subject accident are as follows:
a) Fracture of left tibia and fibula that required surgical repair ( a steel rod and screws)
b) Tear of the hip labrum that will also require surgery

c) Limited function abilities

14. As a result of the injuries sustained by the Plaintiff has experienced and will continue to
experience pain, suffering and a diminution in his enjoyment of life, he is unable to walk or stand
for long periods of time to the extent that he used to prior to the accident.

15. In addition to the above allegations, the Plaintiff pleads and relys upon section 267 of the
Insurance Act, R.S.O 1990, c.I.8

16. As a further result of the Subject Accident, the Plaintiff has undergone and will continue to
undergo, hospitalization, lengthy therapy and rehabilitation.

17. As a further result of the Subject Accident, the Plaintiff has incurred and will continue to incur,
expenses for hospitalization, medication, therapy and rehabilitation as well as expenses for the
maintenance and upkeep of his home and property. Full particulars of these expenses will be
provided at a reasonable time prior to trial.

18. As a further result of the Subject Accident, the Plaintiff, has suffered and will continue to suffer
a loss of income, a loss of competitive advantage in the employment field, and, a diminution in
his income earning capacity.

19. The Plaintiff has been unable to attend work in the last nine months, and will continue to be off
work until after he has recovered from his final surgery expected to take place on February 1,
2016 with a recovery date either June or July of 2016.

20. The plaintiff states that he when he returns to his employment he was ordered to be on modified
duties with reduced hours and not promised that he could continue his employment, even after
recovery due to the seriousness of the injuries caused by the Subject Accident.

21. In addition to the above statement, the Plaintiff is married to Kimberley Miller, the Plaintiff and
Ms. Miller has one child together, named Jacob Miller who is four years old.

22. To satisfy the above statements, the Plaintiff pleads and rely on section 61 of the Family Law
Act, R.S.O. 1990, c.F .3, Dependants claim for damages apply as follows:
a) expenses were reasonably incurred for the benefit of the injured Plaintiff
b) where, as a result of injury, a reasonable allowance for the loss of income
c) an amount to compensate for the loss of guidance, care and companionship that the
claimant might reasonably have expected to receive from the person if the injury
or death had not occurred.

23.

The Plaintiff proposes that this action be tried in the City of St. Catharines, in the Regional

Municipality of Niagara in the Province of Ontario.

DATED: February 18, 2016

LOWRY & ROSS

Barristers and Solicitors
100 King Street, 10th Floor
St. Catharines, ON L2R 6Y8
Tel: (905) 688-4500
Fax: (905) 688-0015
KYLE LOWRY

L.S.U.C. Reg. No. 12345M

Solicitors for the plaintiff

RCP-E 14A (July 1, 2007)