In the News
Successful outcome for our client regarding a Bank’s Duty of Care for Patron’s SafetySeptember 17, 2021
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.
Virtual Trial SuccessSeptember 16, 2021
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:
Click here to read more
LAT Decision — Binet v. Liberty Mutual InsuranceJuly 14, 2021
Jonathan Schwartzman was successful on a LAT hearing held by video-conference on a challenging causation case of a high-speed rollover of a delivery truck which caused only soft tissue injuries to the claimant driver, and did not cause or contribute to the disc herniation he suffered 3 months later, or his alleged chronic pain syndrome and alleged psychological condition. The Applicant did not meet his onus on proving causation, nor on his alleged extent of impairment, for pre and post-104 week Income Replacement Benefits or for disputed treatment, and his claim for an award under S.10 of Reg.664/90 was similarly dismissed.
A successful outcome for Tobin Horton and Jessie Gomberg in Khurshid v. Richards and Lefcoe, 2021 ONSC 3830 (CanLII)May 28, 2021
A successful outcome for Tobin Horton and Jessie Gomberg in Khurshid v. Richards and Lefcoe, 2021 ONSC 3830 (CanLII)
Another Big Win before the Court of Appeal – James Norton and James Tausendfreund were successful in defence of a s. 132 ApplicationNovember 4, 2020
Another Big Win before the Court of Appeal – James Norton and James Tausendfreund were successful in defence of a s. 132 Application
David Zuber, Karim N. Hirani and Rory Love discuss the Impact of MDS Inc. v. Factory Mutual Insurance Company (FM Global) on the handling of COVID-19 claims and how we can help at Zuber & Company LLPApril 6, 2020
David Zuber, Karim N. Hirani and Rory Love discuss the Impact of MDS Inc. v. Factory Mutual Insurance Company (FM Global) on the handling of COVID-19 claims and how we can help at Zuber & Company LLP
Ali v. Tariq – Case CommentApril 2, 2020
In light of the global pandemic and suspension of the courts, very few civil matters have been heard since March 12, 2020. The courts have advised that only urgent civil matters will be heard until the courts re-open. In one of the only civil matters heard since the courts have been suspended, on March 19, 2020, Justice Myers heard an urgent application. The name of the matter is in Ali v Tariq, 2020 ONSC 1695, and a copy of Justice Myers’ endorsement is found below.
Tobin Horton and Justin Koifman of our office were successful at the WSIATJuly 10, 2019
On June 20, 2019, Tobin Horton and Justin Koifman of our office were successful at the WSIAT on a right to sue application. In this case, the plaintiff sustained a bilateral femur fracture in the course of his employment as a security guard. He issued a claim against two tortfeasors. Both tortfeasors were also in the course of their employment, but Mr. Horton’s client was only in Ontario on a temporary basis as he was normally an employee in Alberta. The parties argued the tortfeasor’s substantial connection to Ontario and Vice-Chair Mitchinson concluded that there was a substantial connection to Ontario. Accordingly, the right to sue was statutorily barred by the Act. To read the decision please click here….
Huge win at the Court of Appeal for Zuber & Company!December 6, 2018
In Cadieux v Cloutier, 2018 ONCA 903 David Zuber and Joshua Henderson were successful in overturning a trial decision. The 5 member panel of the Court of Appeal completely revised the law of Accident Benefit deductibility for all motor vehicle accidents in Ontario! Great work David Zuber, Joshua Henderson and team! To read the complete ONCA decision, Please click here.
Chiocchio v. City of Hamilton – 2018 ONCA 762September 19, 2018
In Chiocchio v. Hamilton (City), 2018 ONCA 762, the Court of Appeal granted our appeal in a trial decision, in which the City of Hamilton was found liable for having failed to paint a “stop line” at a rural side road intersection. In April 2006, the co-defendant came to a stop at the stop sign, 9 meters back from the intersection. He then pulled out into the intersection and caused a terrible accident with the plaintiff’s vehicle coming from his left. The plaintiff alleged (and the trial judge agreed) that the City’s failure to paint a stop line contributed to the accident. Great job David Zuber, Marcella Smit and James Tausendfreund!