Don Dacquisto and James Tausendfreund successfully argued a coverage application on behalf of our client, Northbridge General Insurance Company relating to other insurance clauses. The underlaying action dealt with a claim against a pharmacist and Northbridge settled the claim. The respondent, Aviva Insurance Company took the position that their policy need not respond, and Northbridge took the position that 50% indemnity was owed. Justice Chalmers agreed with our client’s position and concluded that Aviva should be responsible for 50% indemnity.

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This is a case where the Plaintiff was violently assaulted at an enclosed ATM at night. The Plaintiff made a number of allegations against TD Canada Trust including breaching their duty of care for the Plaintiff’s safety. The Defendant TD Canada Trust brought a summary judgment motion where a voir dire of the experts was conducted regarding qualifications and their opinion evidence. After a detailed analysis of the admissibility of expert reports and the evidence, the Court found that TD Canada Trust did not beach its duty of care to the Plaintiff.

To read more about the decision, please click the link below 

In March and April of this year, Mr. Tobin Horton and Mr. Dean Paspalofski represented the Defendants in one of the few virtual civil trials in the Province, in front of Madam Justice Mills, sitting in Milton, Ontario. The matter arose as a result of an unusual motor vehicle incident where the Plaintiff alleged to have suffered permanent and life altering injuries as a result of electrocution and a traumatic brain injury.

The nine day trial was heard over a three week period and the Defendants were ultimately successful at the trial, having the Plaintiff’s action dismissed by the court.

A copy of the Reasons for the Decision of Justice Mills can be found here:
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