We’re honored to see CBC News highlight an important story involving our client, Ofelia Fernandez. Her journey underscores the resilience required to navigate Ontario’s accident benefits system and the critical role of legal advocacy.
Overcoming Challenges After a Life-Changing Accident
In January 2019, Ms. Fernandez was struck by a car while crossing the street. The accident left her with significant injuries, including a brain bleed, concussion, and chronic pain, preventing her from returning to her work as a dental assistant. Despite these challenges, she has spent the last five years seeking benefits to support her recovery and long-term care.
Ms. Fernandez’s case reached a turning point in 2023 when unforeseen circumstances required her to represent herself during a Licence Appeal Tribunal (LAT) hearing. Facing language barriers, memory issues, and the complexities of accident benefits law, she found the experience overwhelming.
A Step Toward Fairness
After the hearing, Ms. Fernandez retained our lawyer, Julia Vilorio Peguero, to continue advocating on her behalf. When the LAT denied a motion for reconsideration, Ms. Vilorio Peguero appealed the decision to the Ontario Superior Court. The Court determined that Ms. Fernandez had not been afforded a fair hearing and ordered a new hearing.
This decision ensures that Ms. Fernandez will have the opportunity to fully present her case, with legal representation, in pursuit of the benefits she is entitled to under the law.
Highlighting the Importance of Support
The CBC article notes that self-representation is not uncommon at the LAT, which was designed to accommodate individuals navigating their own cases. While this structure may provide flexibility, it can also present challenges for individuals unfamiliar with the process.
In Ms. Fernandez’s case, the Court’s decision emphasizes the importance of procedural fairness, particularly for those facing barriers such as language and comprehension difficulties.
A Shared Commitment
At Campisi LLP, we are committed to advocating for our clients and supporting them through each step of the legal process. Ms. Fernandez’s courage and determination inspire us to continue our work ensuring every voice is heard and every case is treated with care and diligence.
We look forward to the next steps in Ms. Fernandez’s journey toward justice.
This case information is shared with the client's informed consent, who has approved the use of her experience to help others understand their rights and options.
Read the Full CBC Story
To learn more about this case and its broader implications, you can read the full CBC News article here.
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