In the News
Graham v. Lemay, 2016 ONCA 55January 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.
Ibarra v. IbrahimJanuary 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.
Overdevest v Overdevest, 2015 ONSC 7940December 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.
Daigneault v. Canjet et alNovember 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.
Seif v. City of TorontoMay 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.
Iannarella v. CorbettMarch 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.
Dunklin v. BelairMarch 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.
Hoang v. VincentiniMarch 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.
Lad ats Nadarajah, 2014 ONSC 925February 17, 2015
Daniel Fiorita successfully opposed a motion to have the Registrar’s dismissal of the action set aside. Daniel was successful in his arguments and the dismissal of the action was upheld.
BCR Construction Incorporated v. Humphrey et al., 2014 ONSC 5576February 17, 2015
Joseph Villeneuve successfully opposed an appeal to the Divisional Court with respect to breach of contract claims arising from a construction dispute. Its cross-appeal was also successful and as a result, Divisional Court substituted its award for $162,000.00 in loss of profits that had been denied by the trial judge.