Preszler Injury Lawyers Wins Landmark Simplified Rules Procedure Case in Sharma v. Bublyk, 2025 ONSC 6245

In a recent decision of the Ontario Superior Court of Justice, Sharma v. Bublyk, 2025 ONSC 6245, Henschel J. awarded the plaintiffs $456K plus costs, HST, and disbursements. Jeffrey Preszler and Aron Zaltz of Preszler Injury Lawyers helped the injured car accident victim and his family receive this significant award for the long-term impact of his injuries, which included chronic pain and depression following a serious red-light collision in Barrie, Ontario.

This was the first reported decision where the Simplified Procedure was used to seek damages of $200,000.00 per plaintiff from each defendant.

The Case: Family Trip Interrupted by a Red-Light Runner

On November 10, 2018, the plaintiff, D.S., was travelling with his wife, A.S., young son, and extended family in a minivan in Barrie. As they proceeded through an intersection with a green light, another vehicle failed to stop for a red light and struck the van on the driver’s side, causing it to spin across the roadway. The other driver later admitted fault for the crash.

At the time, D.S. was a 35-year-old SAP consultant working in the tech sector. He had built a strong career and was on track for promotion to a more senior and higher-paying SAP architect role before the collision disrupted his health, his work, and his family life.

Injuries Sustained: Chronic Pain, Depression, and Cognitive Difficulties

The accident caused D.S. to suffer serious physical injuries, including non-displaced pelvic fractures and a rib fracture. While those fractures eventually healed, the subsequent issues—chronic pain, depression, and cognitive difficulties (concentration, focus, word-finding)—formed the real dispute at trial.

Expert evidence was a key factor. Expert witnesses, Drs. Kumbhare and Gavett-Liu, diagnosed D.S. with Chronic Pain Syndrome and Major Depressive Disorder, concluding these conditions were permanent and substantially impaired his quality of life. In contrast, the defence expert, Dr. Karabatsos opined that D.S. had no physical or functional limitations. The court preferred the evidence of Drs. Kumbhare and Gavett-Liu, finding their views more consistent with D.S.’s chronic symptoms and psychological difficulties.

Despite pushing himself to keep working, D.S. lived with daily pain and significant emotional strain. The judge found that these ongoing symptoms affected almost every part of his life:

• He continued working, but at a personal cost, having to push through discomfort and fatigue. Post-accident, he was unable to perform implementation work and instead handled project support tasks.
• He struggled with confidence at work and found it harder to learn new things.
• He could only do household chores and participate in family activities in moderation. Before the MVA, D.S. contributed about 40% of household chores and childcare, but post-accident, he became largely unable to perform these duties, leaving A.S. to assume full responsibility.
• He could no longer enjoy many of the recreational activities he loved before the crash, such as playing soccer or cricket with his children. The couple’s relationship deteriorated as D.S. experienced irritability, fatigue, and reduced engagement with his children.

Based on the evidence presented by Jeffrey Preszler and Aron Zaltz, the court recognized that this combination of chronic pain and depression had a serious impact on his physical, mental, and psychological functioning.

Meeting Ontario’s Threshold for Pain and Suffering

Under Ontario’s Insurance Act, to receive non-pecuniary damages (for pain, suffering, and loss of enjoyment of life), an injured person must meet the “threshold” by proving they suffered a permanent and serious impairment of an important physical, mental, or psychological function.

The defence argued D.S.’s impairments did not meet the threshold, but the judge disagreed. After reviewing the medical evidence and D.S.’s ongoing struggles, the court held that his chronic pain and depression were permanent and serious impairments that significantly interfered with his daily life and functioning, thereby meeting the threshold.  The judge awarded $160,000.00 for pain and suffering which means that the statutory deductible did not apply.

Importantly, it was recognized that even plaintiffs who are able to return to work and push through their symptoms can still be found to have permanent, serious, and life-altering injuries.

Outcome of the Case: Compensation for Income Loss and Career Setbacks

One of the key issues was whether D.S. had suffered an income loss. On paper, his earnings increased over time after the accident, rising from $50K in 2018 to $171K in 2024, and he received raises and bonuses. However, the court accepted evidence that, but for the crash, he likely would have advanced more quickly to a higher-paying SAP architect position. He had also received $61K in benefits (STD, LTD & IRB).

The judge found there was a “real and substantial possibility” that D.S. would have become an SAP architect by 2023. Damages for D.S. were assessed before the procedural cap as follows:

• Future loss of income and earning capacity: $600,000
• Non-pecuniary damages for pain and suffering and loss of enjoyment of life: $160,000
• Past loss of income: $10,000
• Future care costs (for physiotherapy and medication): $5,000

The court also found that D.S.’s wife, A.S., had her own claim under Ontario’s Family Law Act for the loss of her husband’s guidance, care, and companionship, and for nursing care she provided.  She was awarded $56,605.

Because the case proceeded under Ontario’s Simplified Procedure (Rule 76), which caps recovery at $200K per plaintiff per defendant, for a total maximum claim of $800K against the two defendants, D.S.’s total recovery was capped. As a result, D.S.’s damages were reduced to $400,000, and A.S. was awarded $56,605 in Family Law Act damages, net of the statutory deductible.

Preszler Injury Lawyers Can Help Car Accident Victims in Ontario

Serious car accidents can change every part of your life, including your health, your work, your family relationships, and your future plans. Navigating Ontario’s auto insurance system, the statutory threshold, and complex income loss claims on your own can be overwhelming.

At Preszler Injury Lawyers, our team works to build strong, evidence-based cases on behalf of injured people and their families across Ontario. We work with medical experts, vocational consultants, and other professionals to tell the full story of how an accident has affected your life, and to pursue the compensation you are entitled to under the law.

If you or someone you love has been injured in a motor vehicle collision anywhere in Ontario, contact Preszler Injury Lawyers today for a free consultation. We can explain your rights, review your options, and help you understand the next steps in the legal process.

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