In the News
Chrysler Financial ats GrahamNovember 1, 2016
David Zuber was successful in defending CorePointe Insurance and Daimler Chrysler Financial Services against a lawsuit brought by an injured passenger who claimed that Daimler Chrysler was responsible as the lessor of the defendant vehicle and CorePointe had to indemnify the underinsured defendant driver. This case upheld the Insurance Act amendments, section 267.12(1) that limit the liability of leasing companies and their insurers to $1 million. Leave to the Supreme Court of Canada was sought by the plaintiffs but was dismissed.
Arteaga v Poirier, 2016 ONSC 3712 (CanLII)June 9, 2016
Joseph Villeneuve and Agatha Dix successfully defended a motor vehicle accident claim deemed by the judge to meet the statutory threshold, by securing a net zero judgment from the jury.
Muzzin v. Miniature World Day Care Inc.,  O.J. No. 2754 (S.C.J.)June 9, 2016
Waheeda Ekhlas Smith successfully argued a motion where the plaintiff refused to produce a current employment file, despite claiming ongoing impairments which substantially interfere with her employment, ongoing and future loss of income, loss of competitive advantage, and a decrease in employability. An order was made for the production of the employment file with costs.
Graham v. Lemay, 2016 ONCA 55January 27, 2016
David Zuber recently responded to an appeal and cross-appeal on the issue of entitlement to a cap on liability. Mr. Zuber was successful in his submissions and the appeals were denied.
Ibarra v. IbrahimJanuary 8, 2016
Eric Zadro recently obtained a precedent-setting decision permitting a solicitor to act for the insured as a statutory third party after the solicitor had gone off record for the subject insured. This overturns an earlier decision of the Superior Court which states that in such cases a conflict of interest would arise.
Overdevest v Overdevest, 2015 ONSC 7940December 17, 2015
David Zuber successfully defended an action brought by the Plaintiffs on the issue of applicable standard of care, a tort rarely used in Canada. The action was dismissed without costs.
Daigneault v. Canjet et alNovember 9, 2015
Melanie Prise successfully argued a motion for security for costs in which the plaintiff, a resident of Quebec, was required to post substantial security into court despite having secured a costs insurance policy.
Seif v. City of TorontoMay 8, 2015
James Tausendfreund appealed a motion for summary judgment brought by the City of Toronto to dismiss his plaintiff’s claim on the basis that the plaintiff did not have a reasonable excuse for failing to give the City proper notice of her accident. Mr. Tausendfreund was successful in having the motion overturned and the case has been set for trial.
Iannarella v. CorbettMarch 11, 2015
David Zuber and Joseph Villeneuve successfully overturned the jury verdict on liability with the Court of Appeal instead placing 100% liability on the respondents (defendants), with new trial ordered on damages including as based on defendants’ failure to comply with documentary discovery and surveillance disclosure obligations.
Dunklin v. BelairMarch 11, 2015
David Zuber recently responded to an appeal in which the Plaintiff sought to have a judgment with respect to damages set aside. Mr. Zuber was successful in his submissions and the appeal was denied.