Stephen Abraham

Stephen is a certified specialist in civil litigation ranked as a leading lawyer in Canada for his expertise in personal injury and other litigation.

Stephen Abraham

About

Stephen has been certified as a Specialist in Civil Litigation by the Law Society of Upper Canada since 2004. He has also been selected as a leading practitioner in Personal Injury Law in Ontario as a result of peer reviewed votes by both Lexpert and Best Lawyers in Canada.

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

Stephen has enjoyed a very successful track record at trial. In a recent 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, The Halton County Law Association and The Advocates Society. 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.

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  • Education

    Hillfield-Strathallan College
    Honours Secondary School Graduation Diploma 1981

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

    University of Windsor – Faculty of Business
    Honours Bachelor of Commerce 1986

    University of Alberta – Faculty of Law
    Bachelor of Laws 1989

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

    • Director – The Advocates’ Society
    • Past President of The Halton County Law Association
    • Past Director – Ontario Trial Lawyers Association
    • The Law Society of Upper Canada
    • American Association for Justice
    • Canadian Bar Association
    • Advocates Society

A sampling of cases argued by Stephen B. Abraham

Walker v. Sovereign General Insurance Company, [2011] 107 O.R. (3d) 225, (Ontario Court of Appeal), [2010] O.J. No. 2776
In this case, Stephen successfully sued Sovereign General Insurance Company by way of a direct action under Section 132 of the Insurance Act.  The Ontario Court of Appeal agreed with Stephen’s analysis of the facts and affirmed the judgment in favour of his clients.
For complete details read Ontario Superior Court and Ontario Court of Appeal.

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 “textbook case on a Civil Trial”.
For complete details click here.

D.M. and P.M. v. Dominion of Canada, 2009 Appeal P09-00007, 2009 A06-001872
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.

Practice Areas

  • Car Accidents
  • Personal Injury
  • Insurance & Disability Claims
  • Contact

    Phone Number: (905) 637-5641

    Administrative Staff

    Branka Seggie
    Lianne Campbell
    Tracey Luxon

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