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Jonathan Schwartzman

Jonathan Schwartzman

Jonathan Schwartzman

(Retired)

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 was in insurance property and casualty and personal injury litigation. During his practice, he has had 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.

Jonathan is a proponent of having juries decide civil trials, including having had highly favourable outcomes with juries while acting on behalf of plaintiffs and on behalf of defendants.

Some of Jonathan’s notable cases are:

  • Heartland Farm Mutual v. Wawanesa, January 19, 2022 – on Arbitration, cancellation of policy prior to accident shown to be non-valid, resulting in successful accident benefits loss transfer indemnity.

  • Yaromich and Botbyl v. Heartland, 2021 ONSC 3759 – on Application, court having no jurisdiction to grant relief from forfeiture in an accident benefits claim.

  • Binet v Liberty Mutual Insurance Company, 2021 60474 (ON LAT) – LAT hearing with dismissal of Applicant’s claim including on failure to prove causation of injuries and impairments from motor vehicle accident.

  • Robichaud v. Constantinidis, 2020 ONSC 310, 2019 ONSC 5995, 2019 ONSC 6030, and 2019 ONSC 5396 – trial with jury leading to dismissal of action including not meeting threshold, and evidentiary decisions including scope of expert evidence.

  • 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.) – trial and appeal apportionment of 90% contributory negligence on homeowner and 10% negligence on defendant fuel supplier following oil leak.