Jonathan Schwartzman

Jonathan Schwartzman


416.572.8341

Jonathan Schwartzman

Originally from Montreal, Jonathan completed a Bachelor of Arts in History at the University of Pennsylvania. He attended the University of Windsor Law School and graduated with a Bachelor of Laws in 1995 and was admitted to the Law Society of Upper Canada in 1997. It was while articling at MacMillan Rooke Boeckle that he first worked with David Zuber before re-joining David at his new firm in 2000 and becoming a partner in 2005.

Jonathan’s practice is in insurance property and casualty and personal injury litigation. He has broad experience in motor vehicle tort and accident benefits including priority and loss transfer disputes, commercial general liability, business and homeowner’s policy cases, including slips, falls, fires, flooding, oil leaks and spills, and construction-related losses. He has also provided legal opinions on and litigated various insurance coverage issues.

Jonathan has appeared before all levels of the Ontario Courts, as well as before the Financial Services Commission of Ontario and the Workplace Safety and Insurance Appeals Tribunal. He has tried oil spill and motor vehicle tort and coverage cases, conducted arbitrations privately and before FSCO, argued appeals as well as many motions, and attended on a large number of mediations. Some of Jonathan’s recent notable cases are:

  • Boutz v. DTE Industries Ltd., [2013] O.J. No. 5304 (S.C.J.) – summary judgment motion on expiry of limitation period on claim for contribution and indemnity.
  • Bruinsma v. Cresswell (2013), 114 O.R. (3d) 452 (C.A.) – non-applicability of statutory conditions and s. 1.4.5 of OAP 1 to uninsured motorist coverage.
  • McIntyre (Litigation guardian of) v. Gilmar, [2011] O.J. No. 884 (S.C.J.) – dismissed summary judgment motion on contention of no consent to operate motor vehicle.
  • Brown v. Davis & McCauley Fuels Ltd., [2010] O.J. No. 5837 (S.C.J), aff’d [2012] O.J. No. 6628 (Div. Ct.) – apportionment of 90% contributory negligence on homeowner and
  • 10% negligence on defendant fuel supplier following oil leak.
  • Traders General Insurance Co. v. McCubbin, [2009] O.J. No. 4478 (S.C.J.) – non-applicability of excluded driver’s endorsement against owner of motor vehicle.
  • McKittrick v. Haddad, [2009] I.L.R. I-4754 (Ont. S.C.J.) – motion on legal issue, future childcare expenses claimed in tort found to be health care expenses.

Jonathan is a member of the Advocates’ Society and the Canadian Defence Lawyers.