In the News

In the News

Arteaga v Poirier, 2016 ONSC 3712 (CanLII)
June 9, 2016

Joseph Villeneuve and Agatha Dix successfully defended a motor vehicle accident claim deemed by the judge to meet the statutory threshold, by securing a net zero judgment from the jury.

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Muzzin v. Miniature World Day Care Inc., [2016] O.J. No. 2754 (S.C.J.)
June 9, 2016

Waheeda Ekhlas Smith successfully argued a motion where the plaintiff refused to produce a current employment file, despite claiming ongoing impairments which substantially interfere with her employment, ongoing and future loss of income, loss of competitive advantage, and a decrease in employability. An order was made for the production of the employment file with costs.

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Graham v. Lemay, 2016 ONCA 55
January 27, 2016

David Zuber recently responded to an appeal and cross-appeal on the issue of entitlement to a cap on liability. Mr. Zuber was successful in his submissions and the appeals were denied.

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Ibarra v. Ibrahim
January 8, 2016

Eric Zadro recently obtained a precedent-setting decision permitting a solicitor to act for the insured as a statutory third party after the solicitor had gone off record for the subject insured. This overturns an earlier decision of the Superior Court which states that in such cases a conflict of interest would arise.

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Overdevest v Overdevest, 2015 ONSC 7940
December 17, 2015

David Zuber successfully defended an action brought by the Plaintiffs on the issue of applicable standard of care, a tort rarely used in Canada. The action was dismissed without costs.

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Daigneault v. Canjet et al
November 9, 2015

Melanie Prise successfully argued a motion for security for costs in which the plaintiff, a resident of Quebec, was required to post substantial security into court despite having secured a costs insurance policy.

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Seif v. City of Toronto
May 8, 2015

James Tausendfreund appealed a motion for summary judgment brought by the City of Toronto to dismiss his plaintiff’s claim on the basis that the plaintiff did not have a reasonable excuse for failing to give the City proper notice of her accident. Mr. Tausendfreund was successful in having the motion overturned and the case has been set for trial.

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Iannarella v. Corbett
March 11, 2015

Joseph Villeneuve recently appealed a finding of liability and was successful. The judgment was set aside and liability was found instead on the respondents. In addition, the costs of the appeal was awarded to the appellants.

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Dunklin v. Belair
March 11, 2015

David Zuber recently responded to an appeal in which the Plaintiff sought to have a judgment with respect to damages set aside. Mr. Zuber was successful in his submissions and the appeal was denied.

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Hoang v. Vincentini
March 11, 2015

David Zuber recently argued a motion before Madam Justice Wilson of the Superior Court on the issue of costs. He was successful in his submissions and was awarded a substantial cost award.

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