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 and attended the University of Windsor Law School and graduated with a Bachelor of Laws in 1995. He 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 extensive experience in: motor vehicle tort and accident benefits including catastrophic losses, and priority and loss transfer disputes; commercial general liability, business and homeowner’s policy cases, including slips, falls, other injury or illness, product liability, fires, flooding and water damage, oil leaks and spills, and construction 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 License Appeals Tribunal, Financial Services Commission of Ontario, and the Workplace Safety and Insurance Appeals Tribunal. He has tried oil spill, motor vehicle tort and coverage cases, conducted arbitrations and hearings before LAT, FSCO and WSIAT as well as privately, argued appeals and many motions, and attended on many mediations.

Some of Jonathan’s notable cases are:

  • Arteaga v Poirier, 2016 ONSC 6628 – on motion for judgment following trial, deductibility of collateral benefits for housekeeping resulting in zero award for damages, and basis for costs award against plaintiff.
  • Boutz v. DTE Industries Ltd., [2013] O.J. No. 5304 (S.C.J.) – summary judgment motion dismissing claim for contribution and indemnity for an oil spill due to expiry of limitation period.
  • Bruinsma v. Cresswell (2013), 114 O.R. (3d) 452 (C.A.) – non-applicability of statutory conditions and s. 1.4.5 of the 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 possess 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.

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

Assistant
Leslie Santos
416.362.5005 ext.274
lsantos@zubco.com