Pelletier v. Ontario Provincial Police

Pelletier v. Ontario Provincial Police
2013 ONSC 6898 (Sup Ct)

This 22-day trial pitted Jerry, a young man with a troubled past, against an O.P.P. officer and his five colleagues.

Jerry was riding his bike at night without lights or reflectors, on the wrong side of the street, while wearing dark clothes and no helmet. He was struck by a police cruiser making a right turn at an intersection. The police claimed the collision occurred away from the intersection; Jerry’s brief memory was that he was in the cross-walk.

Jerry sustained a catastrophic brain injury. His cognitive impairments were so profound that he could not provide legal advice. So the court appointed the Ontario Public Guardian and Trustee to act as his legal decision-maker.

In the end, we succeeded in proving that the accident happened as Jerry described, and not as the officer, the investigators and forensic engineer said that it had occurred. We recovered enough compensation for him that he will be able to live the remainder of his life with 24 hours of assistance, guidance, and care. The case also broadened the recovery rights of Good Samaritans.