THE MARTIN & HILLYER TEAM
STEPHEN IS A CERTIFIED SPECIALIST IN CIVIL LITIGATION AND A LEADER IN THE AREAS OF PERSONAL INJURY LAW AND OTHER LITIGATION
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
LTD, CPP and other insurance denials
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 The Law Society of Ontario, The Ontario Trial Lawyers’ Association, The Ontario Bar Association, The Advocates Society, Osgoode Professional Development, Queen’s University Law School, 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.
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
- 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,  107 O.R. (3d) 225, (Ontario Court of Appeal),  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,  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,  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,  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 , 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.,  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.
After an accident, my wife and I were in a situation where we needed the assistance of a lawyer, and I was given Stephen Abraham’s name by a family member’s colleague. We reached out, and he came to our home and met with us. He immediately put us at ease, and we knew that we were dealing with a professional. This started our long relationship with Stephen and his amazing law clerk Tracey. Every step of the process we were made to feel like things were under control, and that we were informed and confident of the steps that our legal team was taking. Even in the face of delays and tactics meant by the defense to drag out the proceedings, he was confident and reassuring that he had things well in hand. Also, when meeting with other legal professionals in the process of mediation’s and visits to the courthouse, you could tell by the way he was greeted that his reputation proceeded him.
For us, when we first spoke with Stephen, it was under hard circumstances for myself and my family, and today I can say that the best decision we made was picking a good lawyer. I can’t say more that Stephen and Tracey truly make you feel like a friend, especially when you are going through the process of a lawsuit. We had never intended on needing the services of a lawyer, but we are glad that when we did we found Stephen.
A few years back, my husband and I found ourselves in need of a personal injury lawyer. Stephen Abraham was recommended to us through a colleague, and so we reached out to him.
From the start, he was sure to lay things out very clearly for us and we felt he was very direct with his opinions and expectations about our case. He even came to our home for the first visit because my husband was not able to easily leave the house at that time due to his injury.
Despite having a difficult and unprofessional lawyer on the opposing side, Stephen and his wonderful law clerk Tracey maintained their professionalism and fought hard for my husband and I.
We really appreciated their dedication to our case over the years, and especially in the last few months where things got pretty intense. They both even worked over the Thanksgiving holiday weekend for us which was over and above.
We were able to trust Steve and Tracey, speak candidly with them, and felt that they genuinely wanted the best for us. We are so grateful to have worked with a legal team that put us at ease with their confidence and experience. It really made dealing with a truly difficult situation that much more bearable.
If you find yourself in the unfortunate circumstance of needing a lawyer, I would wholeheartedly recommend Stephen Abraham to assist you through your legal battle.
A dedicated and professional team that cares about their clients and the community. They went above and beyond, remaining absolutely committed through to resolution. Highly recommended.
Most happy to recommend Stephen Abraham and his team at Martin & Hillyer Associates. Mr. Abraham and his team extend to their clients all the most important qualities a great lawyer and team should have. I have been fortunate to have their representation for several years and they are all committed, caring, astute and assists their clients with the most professional quietude and will to the end.
I had hoped that I would never need the services of a lawyer, but when the time came that I did, I contacted Stephen Abraham of the Martin & Hillyer Associates law firm. From our first meeting until our case was settled Stephen was very courteous, understanding, professional and extremely knowledgeable in the area of long term disability law. Never once did I feel I had made a poor choice in a lawyer when he was handling my case. Stephen went over everything from top to bottom and I always felt confident I was dealing with the right law firm. Our case settled in a very timely manner and I was very happy with its outcome.
I would be doing Stephen as well as Martin & Hillyer Associates an injustice if I didn’t thank Stephens’ law clerk, Tracey Luxon for helping me whenever I had a question. Whether it was by phone or email, Tracey was always there to answer my questions and help put my mind at ease. Tracey’s compassion for what she does really hit home when she helped me understand that my disability was beyond my control. She was also my chauffeur on one occasion which was so thoughtful as well as above and beyond.
For anyone seeking the best matched law team in town, Stephen Abraham and Tracey Luxon should be on your short list… highly recommended.
On behalf of myself and my family… thanks to you both.
Having worked with Stephen Abraham, I am very pleased to recommend him for civil litigation matters.