Languages Spoken

English

Specialties

Personal Injury Litigation on behalf of injured victims specializing in Brain Injuries, Orthopaedic Injuries, Spinal Cord Injuries as well as complex liability cases, long term disability and employment issues relating to their injuries.

Kelley P Campbell B.A.(Hons),LL.B.

Phone: 416.633.1065
Fax: 416.633.9782
Email: kelley@carranza.on.ca
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Kelley grew up in a large working class family. Her background and life experience and a degree in Sociology, give her a unique insight into representing clients from diverse backgrounds. No matter culture, creed, gender or religion, Kelley advocates for her clients with empathy and the understanding needed to get them fair compensation for their injuries.

Kelley was married with two small children when she started university studies and continued on into law school.   Before and during her university studies she worked in a number of different environments. She has worked in retail, as a cashier, a waitress, a bindery worker, a clerk and has first hand knowledge of what many of her clients experience working on assembling lines and factory floors. She understands it because she has done it. She can empathize with her clients who have modest paying jobs and the financial problems that can arise when they are injured in an accident and their income is interrupted, reduced or terminated. 

On being called to the bar in 1994 Kelley practiced in the areas of criminal and family law through which she gained extensive trial experience. In 1999 she joined the Carranza firm, practicing exclusively in area of personal injury law. She is proud of the firm’s commitment to providing legal representation to those who may otherwise not have access to justice. “We speak for those who have a hard time speaking for themselves. The law we are dealing with is complicated. In representing our clients we are sensitive to class, cultural and religious differences and language barriers that not only impact on our clients’ daily lives but in the way we present their cases. I believe it is that sensitivity and understanding that sets us apart.”

Kelley has appeared at the Ontario Superior Court of Justice, the Divisional Court and at the Financial Services of Ontario. She is a member of the Ontario Trial Lawyers Association.

Education

  • Admitted to Ontario Bar (1994)
  • Bachelors of Law, Osgoode Hall Law School (LLB, 1992) Bachelor of Arts, University of Toronto (B.A., 1989)

Noteworthy Cases

Clark v. Carroll

Ms. Clark came to us when the two-year limitation period for filing a lawsuit for her  accident had already expired. Usually, this would result in a complete loss of her right to recover compensation from the person at fault for the accident.  Kelley Campbell successfully convinced the judge that an exception to the rule applied to this case, because Ms. Clark did not know that her injuries were permanent and serious immediately after the accident, and since this is a prerequisite to filing a lawsuit, she could not be expected to file within the deadline.

Beete v. Banipal

Kelley Campbell was able to protect Ms. Beete from further invasive medical examinations, arguing that after the defendant certified its readiness for trial and asked for a trial date, the Rules prohibit it from forcing Mr. Beete to attend further medical examinations unless it could demonstrate a substantial change in circumstances since the case was set down for trial - which it did not. This ruling will encourage insurance companies to obtain the information they need early on in the process, thus improving the chances generally of earlier settlements for injured people.

Borja v. TTC

Ms. Borja was injured getting off a TTC bus.  The TTC tried to prevent her from proceeding to arbitration because she did not attend a number of medical assessments that they had arranged.  While the law states that an insured is not allowed to proceed to arbitration if they refuse to attend certain assessments, Ms. Campbell successfully argued that because the TTC did not follow the procedures required by the law, thus Ms. Borja had no obligation to attend the assessments. The Arbitrator agreed with Ms. Campbell and ruled that Ms. Borja could proceed with the arbitration.  Subsequently the TTC paid all the benefits Ms. Borja claimed, including interest and expenses.

Jaggernauth v. Economical Mutual Insurance Co., December 20, 2010, R. Feldman, Arbitrator (A08-001413)

Case: Jaggernauth vs. Economical Mutual Insurance Company

Lawyer: Kelley P. Campbell, B.A. (Hons) LL.B

Overview:
After being struck by a car in August 2006, Mr. Jaggernauth sustained multiple serious injuries, including fractures of his cervical spine, right forearm and left shoulder. He also incurred deep lacerations to his head and right calf. As a result of the injury, Mr. Jaggernauth underwent surgeries to both shoulders and his right forearm.

Since the accident, Mr. Jaggernauth has not been able to return to work and suffers from chronic pain as well as a loss of sensation in his right forearm. He has been diagnosed with numerous psychological conditions for which he continues to receive treatment. He also requires several medications for his physical and psychological pain. 

Mr. Jaggernauth made a claim for accident benefits from his own insurer, Economical. While they paid some ongoing benefits, Economical   argued that,despite the seriousness of his injuries, Mr. Jaggernauth did not suffer from a "catastrophic impairment" as defined in the Statutory Accident Benefits Schedule.  The schedule entitles persons suffering from impairments that are deemed "catastrophic" to claim from an enhanced level of accident benefits for increased housekeeping, attendant care and medical and rehabilitation expenses. 

Mr. Jaggernauth was represented by Kelley Campbell of our firm. Over the course of the hearing Ms. Campbell presented evidence from Mr. Jaggerauth, his wife, a number of  his healthcare providers and experts who assessed him on the issue of catastrophic impairment.  The insurer presented their own experts on the issue of catastrophic impairment. 

Result:
While there were numerous issues in dispute, this hearing focused on one key question—did Mr. Jaggernauth sustain a catastrophic impairment as defined in the Statutory Accident Benefits schedule?

After 8 days of evidence and a day of closing arguments, Arbitrator Richard Feldman determined that Mr. Jaggernauth did in fact sustain a catastrophic impairment considering both the physical and psychological impairments that he suffered in the motor vehicle accident.  This allows Mr. Jaggernauth to maintain his claims for ongoing housekeeping and attendant care benefits as well as claims for necessary medical and rehabilitation expenses up to $1,000,000.00.