In the News

In the News

JDC Ltd. et al v. CAW Ltd et al.
May 17, 2022

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.



Successful outcome in obtaining Loss Transfer Indemnity for Accident Benefits paid
January 20, 2022

In Heartland Farm Mutual v. Wawanesa Mutual Insurance Company (decision of Arbitrator Samworth, January 19, 2022), Jonathan Schwartzman successfully obtained for the Applicant loss transfer indemnity for accident benefits paid. The Respondent’s purported pre-accident cancellation of its automobile insurance policy for the heavy commercial vehicle at fault for the accident, was found to be invalid for both a failure to comply with Statutory Condition 11 of the OAP1 with respect to payment of policy premium refund, and the grounds cited for the cancellation not properly existing. As a result, the Respondent’s policy remained in effect at the time of the accident and must respond to the loss transfer indemnity claim.
To read more, please click the link below.

Heartland & Wawanesa – Award dated January 19, 2022



October 14, 2021

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.

Click here for the full Endorsement



Successful outcome for our client regarding a Bank’s Duty of Care for Patron’s Safety
September 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.

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



Virtual Trial Success
September 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 Insurance
July 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.

Click here to read more



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)

Click here to read article…



Another Big Win before the Court of Appeal – James Norton and James Tausendfreund were successful in defence of a s. 132 Application
November 4, 2020

Another Big Win before the Court of Appeal – James Norton and James Tausendfreund were successful in defence of a s. 132 Application

Click here to read article…



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
April 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

Click here to read article…



Ali v. Tariq – Case Comment
April 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.

Click here to read more….



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