Languages Spoken

Vietnamese and English

Specialties

Personal Injury Litigation on behalf of injured victims involving Motor Vehicle Accidents - Accident Benefits and Tort Claims, Long Term Disability, Slips and Falls, Serious Brain Injuries, Quadriplegia, Paraplegia, Deaths, Serious Orthopaedic Injuries, and Chronic Pain.

Kevin Doan B.Sc. (Hons.), J.D., C.S.

Phone: 416.633.1065
Fax: 416.633.9782
Email: kdoan@carranza.on.ca
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Having won serious and catastrophic injury cases, Kevin has a winning record of one of the best catastrophic injury trial lawyers in Canada today.  He has successfully represented victims of catastrophic injuries including paraplegia, quadriplegia, and severe orthopaedic and traumatic brain injuries against large insurance companies.  He successfully struck down an Ontario law which tried to reduce the rights of car accident victims.  He also won the important precedent which legalizes medical marijuana as a treatment option for some catastrophic injury victims in Ontario.

Kevin is certified as a Specialist in Civil Litigation by the Law Society of Upper Canada where fewer than 1% of lawyers are Certified Specialists (C.S.) practicing personal injury law.  As a board-certified Specialist, he is regarded as a leader in personal injury litigation who maintains exemplary standards of professional practice.  This is the highest accreditation and designation of experience and professionalism by the only governing body of the legal profession, which confirms that "Certified Specialists are recognized and experienced lawyers who have met the highest standards of competence and professionalism in their fields of practice."

Kevin is the founder of The Canadian Centre of Excellence in Injury Law (www.injurylawcentre.ca) where he volunteers his time in an effort to improve injury justice. He offers his expertise and shares his knowledge through the Centre to raise donations for registered Canadian charities.  To make legal information more accessible to assist the injured public, he continues to edit the Kevin Doan Catastrophic Injury Guide for Car Accident Victims in Ontario which is a work in progress and is available on the internet at www.kevindoan.com.

Kevin is a graduate of the University of Toronto's Computer Science Specialist Program (B.Sc. Honours 1988) and Osgoode Hall Law School (Juris Doctor 1994).  He has been practicing personal injury litigation in Ontario since 1996, representing only injured victims in their claims arising from deaths, quadriplegia, paraplegia, severe traumatic brain injury, and other catastrophic injuries.  He has argued in all levels of Courts and has won some of the most important decisions for injured victims.  He has been invited to speak at various conferences for lawyers on catastrophic injury claims and trial practice.  His community work included service as Director of the Metro Toronto Chinese and South-East Asian Legal Aid Clinic, Director of the Vietnamese Youth and Women Centre in Toronto, Director of the Ontario Trial Lawyers Association, and Mentor with three legal organizations: the Federation of Asian Canadian Lawyers, the Ontario Trial Lawyers Association and the Law Society of Upper Canada.  He has served on various committees and contributed to numerous submissions to the Ontario government to improve the injury justice system.

Winning Cases conducted by Kevin Doan

The best lawyers in Ontario or in Canada should be able to demonstrate their achievements and excellence through a history of winning cases and settlements.  Winning verdicts through trials and arbitrations are the best hallmark of expertise. Following are some of the winning cases conducted by Kevin to protect his clients’ best interests:

  • Winning Punishments Against Insurance Companies:  Two insurance companies were ordered to pay special awards as punishments for acting unreasonably against his clients.  Both companies were also ordered to pay accidents benefits to his clients plus interest at approximately 28% per year (Garcia vs. Liberty Mutual No.1; Mariona vs. Canadian General).
  • Winning Rare 24/7 Attendant Care Benefits in Catastrophic Brain Injury Case:  A severe brain injury victim was denied attendant care by her insurance company for many years.  After she changed lawyers to be represented by Kevin, he undertook a rare legal proceeding in Ontario and won for his client 24 hours a day attendant care benefits even before the main hearing started.  He was able to therefore protect the safety and well-being of his client and reduced much stress and financial pressure on her family (T.N. and Personal Insurance Company of Canada, decision No. 2).
  • Winning Rare Income Loss Before Main Hearing:  An insurer was ordered to pay income loss benefits to his client well in advance of an arbitration hearing.  This is a remedy which is difficult to obtain and is rarely argued successfully.  In this case, Kevin was successful in getting full income loss benefits paid by the insurer plus interest without waiting for many months for a full arbitration hearing to take place (Pham vs. Progressive Casualty). 
  • Winning Marijuana Expenses For The First Time in Ontario:  For over 20 years, insurance companies may refuse payments for medical marijuana expenses.  In this leading precedent, Kevin successfully argued that an automobile insurance company must pay for marijuana reasonably used to treat chronic pain, anxiety and loss of appetite.  This winning decision legalizes an important treatment option for chronic pain sufferers as a result of automobile accidents in Ontario (T.N. and Personal Insurance Company of Canada, decision No. 3).
  • Winning Settlement Against Negligent Lawyer:  A former lawyer settled his client’s accident benefit claims for a small amount of money, less than half of one year’s income loss.  This victim then retained Kevin to seek fair compensation.  Kevin was able to re-open the claims that were settled and successfully sued the no-fault insurer as well as the former lawyer.  He was able to obtain accident benefits and settlements from the no-fault insurer and the former lawyer to protect his client.  As a result, his client who was only in his thirties and married with young children when the accident occurred was fairly compensated for his losses. 
  • Winning Chronic Pain Claim Without Objective Evidence of Injury:  In a motion at trial during jury deliberations, a Judge of the Superior Court of Justice granted the finding that his client met the threshold test of permanent and serious impairment of an important bodily function, despite the fact that she sustained (a) only soft-tissue injury with no fractures, (b) did not have objective evidence of injury, and (c) had returned to full-time employment (Branco vs. Allianz). 
  • Winning Verdict By Defeating Opposing Doctor’s Opinions:  An insurer was ordered to pay income loss to his client.  In this decision, an opposing doctor’s report stated that his client should not receive any income loss.  Kevin successfully defeated the report through cross-examination of the opposing doctors.  As a result, the adjudicator accepted the disability of his client and awarded income loss (Garcia vs. Liberty Mutual No.2). 
  • Winning Settlement by Defeating a Police Accident Report:  After a pedestrian was struck while running across the road in the rain, the police reported that he was trying to commit suicide by standing at the side of the road, looking at the driver and then diving like Superman in front of the car which struck and pinned him for 30 minutes.  Three other law firms rejected the case.  The victim then retained Kevin who personally drove 500 kilometres and attended the out-of-town location of the accident to analyze how the accident could have occurred.  He then took the rare and difficult step of suing the driver of a vehicle who witnessed the collision but was not otherwise involved in the collision, in order to ensure that he kept the other driver who struck his client honest.  After many court appearances and despite objections from the lawyer for the witness driver, it became clear that the information in the police report was completely unfounded as the driver who struck his client was forced to be honest and admitted that there was no attempted suicide.  Only thereafter that a fair settlement was eventually achieved. 
  • Winning Settlement in Quadriplegic and Severe Brain Injury Claims:  In a tragic case, a mother was rendered quadriplegic and her son suffered serious brain injuries.  Kevin quickly obtained accident benefits for the mother including the purchase and building of a new wheelchair-accessible home for the family in the location of her choice, close to friends and relatives and an eventual settlement out of court for her.  As to her son, because he was only 10 years old and was not working at the time of the accident, he was not entitled to a payment of loss of income according to the case law (Zehr vs. Dominion) at the Financial Services Commission of Ontario.  Kevin respectfully disagreed with the case law and believed that that law was wrongly decided.  In a rare legal strategy, he took the son’s claim for income loss to the Superior Court of Justice to avoid the unfavourable case law at the Commission.  He waited for new case law to come from the Superior Court or to argue to make new law from his case.  Eventually, as Kevin anticipated, a favourable decision was reported which contradicted the previous authorities, and which agreed with Kevin’s interpretation.  Kevin’s advanced strategy served his young client well as he was able to achieve an important settlement for income loss for a 10 year old minor. 
  • Winning Settlement Without a Trial in Severe Brain Injury Case:  A young university student was injured in a car accident following a freezing rain winter storm.  Kevin sued the Ministry of Transportation and the other parties involved in the accident.  Although his client suffered no fractures other than a broken nose, he was able to achieve a fair settlement out of court to compensate his client for the rest of his life without the need of a trial. 
  • Winning Appeal Decision Establishing Legal Precedent in Jury Trial Practice:  In this case, the insurer for the defendant did not make an offer to settle and the case went to trial.  At trial, the trial judge made a serious omission in his charge to the jury.  Kevin was successful in persuading the higher appeal court that the jury charge delivered by the trial Judge (which apparently was the standard jury charge in the Province of Ontario at the time) omitted an important explanation on the law of mitigation such that a miscarriage of justice occurred.  This appeal decision sets a legal precedent to assist trial judges in Ontario to correctly explain the law of mitigation to juries.  A new trial on damages was ordered without the need to again prove that his client was entitled to damages for pain and suffering.  The case subsequently settled out of court (Branco vs. Epshtein).