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Personal Injury Release for Canada

Personal Injury Release Template for Canada

A Personal Injury Release is a legally binding document used in Canadian jurisdictions to formally settle and conclude personal injury claims. This agreement documents the terms under which an injured party (releasor) agrees to release another party (releasee) from any further liability related to a specific incident in exchange for agreed-upon compensation. The document must comply with provincial and federal Canadian laws, including relevant limitations acts and insurance regulations. It typically includes detailed information about the incident, injuries sustained, settlement terms, and comprehensive release provisions, while ensuring all legal requirements for valid contract formation under Canadian law are met.

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What is a Personal Injury Release?

A Personal Injury Release is essential in Canadian legal practice for resolving personal injury claims through settlement rather than litigation. It serves as a formal conclusion to a claim, whether arising from workplace incidents, vehicle accidents, slip and falls, or other injury-causing events. The document is typically used when parties have reached a settlement agreement and want to formally document the terms of resolution. It must comply with provincial legal requirements, as personal injury matters fall under provincial jurisdiction in Canada. The release should clearly state the settlement amount, detail the injuries being compensated, and specify the scope of claims being released. It's crucial that the document is comprehensive enough to protect the releasee from future claims while being fair and clear to the releasor. The agreement should also address any subrogated rights of insurers or healthcare providers and consider tax implications of the settlement.

What sections should be included in a Personal Injury Release?

1. Parties: Identification of all parties involved, including the releasor (injured party) and releasee (party being released from liability)

2. Background: Description of the incident causing injury, date, location, and any relevant pre-existing circumstances

3. Definitions: Definitions of key terms used in the agreement, including 'Claims', 'Injuries', 'Settlement Amount', and 'Released Parties'

4. Consideration: Details of the settlement amount and confirmation of receipt or payment terms

5. Release and Discharge: Core release language releasing the releasee from all claims related to the incident

6. Scope of Release: Detailed description of what claims and rights are being released, including known and unknown injuries

7. No Admission of Liability: Statement that the settlement and release do not constitute an admission of liability

8. Confidentiality: Terms regarding the confidentiality of the settlement and release

9. Independent Legal Advice: Confirmation that the releasor has had the opportunity to seek independent legal advice

10. Entire Agreement: Confirmation that this document represents the entire agreement between the parties

11. Governing Law: Specification that the agreement is governed by Canadian law and the applicable province

12. Execution: Signature blocks and witnessing requirements

What sections are optional to include in a Personal Injury Release?

1. Future Medical Care: Used when there's a need to address potential future medical treatments or ongoing care requirements

2. Insurance Benefits: Include when there are insurance benefits or claims that need to be addressed specifically

3. Medicare/Healthcare Claims: Required when public healthcare providers have potential subrogation rights

4. Return to Work: Include when the injury affected employment and there are specific terms about returning to work

5. Non-Disparagement: Optional clause preventing parties from making negative statements about each other

6. Tax Treatment: Include when there are specific agreements about the tax treatment of the settlement amount

7. Assignment: Used when there's a need to address whether rights under the agreement can be assigned

8. Severability: Optional clause stating that if any provision is found invalid, the rest remains in effect

What schedules should be included in a Personal Injury Release?

1. Schedule A - Description of Injuries: Detailed list and description of all injuries covered by the release

2. Schedule B - Medical Reports: List of medical reports and examinations relied upon in reaching the settlement

3. Schedule C - Settlement Calculation: Breakdown of settlement amount including special damages, general damages, and costs

4. Schedule D - Payment Terms: If payment is not made in full upon signing, details of the payment schedule

5. Appendix 1 - Medical Records: Copies of relevant medical records and reports referenced in the agreement

6. Appendix 2 - Incident Reports: Copies of accident reports, police reports, or other incident documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions



























Clauses

























Relevant Industries

Insurance

Healthcare

Construction

Manufacturing

Transportation

Retail

Sports and Recreation

Property Management

Education

Hospitality

Mining

Agriculture

Professional Services

Relevant Teams

Legal

Risk Management

Insurance

Compliance

Human Resources

Operations

Health and Safety

Claims Management

Document Management

Corporate Governance

Relevant Roles

Legal Counsel

Claims Adjuster

Risk Manager

Insurance Underwriter

Compliance Officer

Safety Coordinator

Human Resources Manager

Corporate Secretary

Operations Manager

General Counsel

Paralegal

Settlement Officer

Medical Case Manager

Insurance Broker

Chief Legal Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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