David Bierstone successfully brought a WSIAT application, bringing an end to a civil action in which the plaintiff fell off a roof he was working on, suffering a serious spinal injury. The plaintiff argued that he was not in an employment relationship, but was simply helping a friend and, alternatively, that he was an “independent operator”, rather than a worker. The Tribunal rejected both arguments. To read the decision please click on the link below.

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A fantastic article about an encounter with Retired Justice Thomas Zuber that demonstrates professional courtesy, role modelling and small gestures leaving behind a big impact.

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This case involves a large fire that occurred in the Port of Oshawa. The Plaintiff, who was the owner of the property, was claiming over $10 million in damages. The Defendant, the tenant at the time of the fire, was relying on, among other things, a covenant to insure contained in the lease, taking the position the covenant to insure would bar the Plaintiff’s case completely. The case also included claims of negligence, breach of contract, causation and damages. Justice Carole Browne agreed with the Defendant and found that the Defendant was successful on all issues. The decision includes key issues and law including covenants to insure, contractual and lease interpretation and contra proferentem, effect of a guilty plea in a related proceeding, causation, and principles of damages including whether repair/restoration value is payable, and deductibility of insurance monies. A great result for our client!

To read the decision, click the link below.