In the News
Ibarra v. Ibrahim
January 8, 2016Eric 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 7940
December 17, 2015David 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 al
November 9, 2015Melanie 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 Toronto
May 8, 2015James 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. Corbett
March 11, 2015David 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. Belair
March 11, 2015David 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.
Hoang v. Vincentini
March 11, 2015David Zuber recently argued a motion before Madam Justice Wilson of the Superior Court on the issue of costs. He was successful in his submissions and was awarded a substantial cost award.
Lad ats Nadarajah, 2014 ONSC 925
February 17, 2015Daniel Fiorita successfully opposed a motion to have the Registrar’s dismissal of the action set aside. Daniel was successful in his arguments and the dismissal of the action was upheld.
BCR Construction Incorporated v. Humphrey et al., 2014 ONSC 5576
February 17, 2015Joseph Villeneuve successfully opposed an appeal to the Divisional Court with respect to breach of contract claims arising from a construction dispute. Its cross-appeal was also successful and as a result, Divisional Court substituted its award for $162,000.00 in loss of profits that had been denied by the trial judge.
Thornhill v. Highland, 2014 ONSC 3018 (CanLII)
July 24, 2014David Zuber and James Tausendfruend were recently successful in a three week oil spill trial. Justice Edwards agreed with their interpretation of the law and facts and found entirely in their favour.