In the News
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!
Michaud-Shields v. GoughSeptember 19, 2018
A great win by David Bierstone, Akari Sano and team in the Summary Judgment Motion of Michaud-Shields v. Gough. This involved a mother and son, living in the same household. The son stole the car. Both the mother and son testified that there was no consent. The uninsured motorist said there was implied consent. The court agreed that there was no implied consent. The judge explained that granting consent to possess is a positive act. If there is no consent, the owner does not have to take active steps to prevent unauthorized use of the vehicle (i.e. hide the keys).
Stewart v. Township of Douro-Dummer – Court File No. CV-11-4156June 27, 2018
A superb victory for Zuber & Company David Zuber in Stewart v. Township of Douro-Dummer, 2018 ONSC 4009 released June 26, 2018 wherein Justice Ricchetti concluded there was no positive duty on a taxi cab driver to ensure that vulnerable adult passengers are or remained buckled. Great work Dave and team!
Joshua Henderson discusses Appeals and Factum WritingApril 17, 2018
By Joshua Henderson
Res Judicata of Administrative Tribunals: Is the Criminal Injuries Compensation Board Binding on Civil Trials?October 20, 2017
By Joshua Henderson
Commentary: Cleaning Building Window Glass – What Are you Insured For?October 20, 2017
By James G. Norton
Workplace Safety Insurance Appeals Tribunal DecisionOctober 5, 2017
In a decision released August 15, 2017, WSIAT held that notwithstanding the Plaintiff’s executive role with his company, and the fact he owned his own vehicle, he was still a ‘worker’ for WSIB purposes. As such, he had no right to sue.
Recent Changes to PJI and Accident Benefits Deductibility by the Ontario Court of AppealOctober 3, 2017