Northern Ont. man wins precedent-setting fight for benefits after suffering brain injury
A northern Ontario man has won his fight for benefits from the company that insures his camper-trailer, even though he wasn’t driving it when he was injured.
Clayton Madore of St. Charles, southeast of Sudbury, suffered a devastating brain injury in June 2019 after falling off his camper trailer.
He was getting it ready for a family trip to the Maritimes. His insurance company initially denied him benefits, but that was reversed in a decision released Jan. 3.
Madore told CTV News he doesn’t remember getting injured, only waking up 17 days later in hospital with his son, Jason, at his side.
“He said to me, ‘you know where you’re at?’ and I said, ‘well, I don’t know -- don’t look familiar to me,” Madore said.
“I looked around and everything and (Jason) said, ‘Dad, you’re in the hospital.’”
Madore’s skull was broken in three places, both wrists were fractured, along with his ankle and his cheeks and forehead had to be restructured.
After 78 days in hospital, Madore was able to go home, where his wife was waiting for him.
“It’s very emotional for a wife to see all that,” his wife Agathe said.
“This accident has really, really changed all of our lives. Things we used to do together, we don’t do anymore. I had to look after Clayton. There’s a lot of things, maybe the help we could have got, but we didn’t … I did what I could do all on my own and I was going through cancer myself so it was quite heavy for us.”
After 78 days in hospital, Madore was able to go home, where his wife, Agathe, was waiting for him. (Molly Frommer/CTV News)
Barrie law firm Oatley Vigmond said Intact Insurance denied Madore’s benefit claim but that decision was successfully appealed.
Lawyer Jordan Kofman said there’s a lesson here for the average person.
“You don’t need to be a driver of a vehicle or a passenger in a moving vehicle to be entitled to accident benefits,” Kofman said.
“You can access accident benefits if you’re maintaining a vehicle on the side of the road, or if you’re filling it with gas or if you’re loading it for a trip. I think people also have to realize that the courts are here to protect you.”
Kofman said depending on whether the insurance company appeals the ruling, Madore could soon receive the benefits he has been waiting for since the accident.
CTVNews.ca Top Stories
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Broadcaster and commentator Rex Murphy dead at 77: National Post
The National Post is reporting that Rex Murphy, the pundit and columnist who hosted a national call-in radio show for decades, has died.
Pearson gold heist suspect arrested after flying into Toronto from India
Another suspect is in custody in connection with the gold heist at Toronto Pearson International Airport last year, police say.
Millions of cyberattacks per hour as B.C. government investigates multiple breaches
Careful attention to government statements and legislation is required to get a handle on the level of risk British Columbians’ information is under, as investigators probe multiple breaches under a continued barrage of attacks.
Ontario family receives massive hospital bill as part of LTC law, refuses to pay
A southwestern Ontario woman has received an $8,400 bill from a hospital in Windsor, Ont., after she refused to put her mother in a nursing home she hated -- and she says she has no intention of paying it.
Debate on abortion rights erupts on Parliament Hill, Poilievre vows he won't legislate
A Conservative government led by Pierre Poilievre would not legislate on, nor use the notwithstanding clause, on abortion, his office says, as anti-abortion protesters gather on Parliament Hill.
Justin and Hailey Bieber are expecting their first child together
Hailey and Justin Bieber are going to be parents. The couple announced the news on Thursday on Instagram, both sharing a video that showcases Hailey Bieber's growing belly.
Here are the ultraprocessed foods you most need to avoid, according to a 30-year study
Studies have shown that ultraprocessed foods can have a detrimental impact on health. But 30 years of research show they don’t all have the same impact.
New 'Lord of the Rings' film coming in 2026
The Oscar-winning team behind the nearly US$6 billion blockbuster 'Lord of the Rings' and 'The Hobbit' trilogies is reuniting to produce two new films.