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Ontario Trial Lawyers Association Case Summaries – July 7, 2019

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA's July 7, 2019 newsletter. 2343697 Ontario Inc. v. Aviva Insurance Company of Canada, 2019 ONSC 3016 (CanLII) Full Decision The Defendants succeeded on a motion for an order requiring that the Plaintiffs appoint an appraiser pursuant to s. 128(5) of the Insurance Act. On November 24, 2014, the Plaintiffs suffered property damage at their cottage due to inclement weather conditions. The Plaintiffs submitted a proof of loss dated May 19, 2015. [...]

Ontario Trial Lawyers Association Case Summaries – February 17, 2019

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA's February 17, 2019 newsletter. Estate of John Edward Graham v. Southlake Regional Health Centre, 2019 ONSC 391 (CanLII) Full Decision (PDF) This medical negligence action arises from medical care provided to John Graham on May 23 and 24, 2008 at Southlake Regional Health Centre. Mr. Graham passed away on February 8, 2009. The Plaintiffs commenced the action against the hospital and various physicians for their negligent failure to remove a medical sponge from [...]

By | 2019-03-25T14:49:51+00:00 February 17th, 2019|Blog|0 Comments

ALF KWINTER ADMITTED TO AMERICAN COLLEGE OF TRIAL LAWYERS

Toronto, Ontario – Alf Kwinter has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. The induction ceremony at which Alf became a Fellow took place recently before an audience of 850 persons during the Induction Ceremony at the 2018 Annual Meeting of the College in New Orleans, Louisiana. The meeting had a total attendance of 1,020. Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada. Fellowship in the [...]

Ontario Trial Lawyers Association Case Summaries – August 19, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA August 19, 2018 newsletter. Adatia v. Cassar, 2018 ONSC 4321 (CanLII) This is a motion for summary judgment by the Defendant on liability in an action arising from a motor vehicle collision – the Court provides useful comments for cross-examinations on affidavits filed supporting the motion.   Date Heard: June 7, 2018 | Full Decision [PDF] The Defendant brings this motion for summary judgment, asking the Court to determine the issue of liability in his favour [...]

Ontario Trial Lawyers Association Case Summaries – July 1, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA July 1, 2018 newsletter. Ontario (Finance) v. Traders General Insurance (Aviva Traders), 2018 ONCA 565 (CanLII) The Court of Appeal determines whether the insurer properly terminated the policy of insurance on the vehicle at issue where the owner of the vehicle is not the named insured under the policy.   Date Heard: November 9, 2017 | Full Decision [PDF] This action arose out of a catastrophic accident involving a vehicle owned by Peter Leonard. The driver, [...]

GETTING LEGAL: Children and Cycling in Toronto

Cycling on the roadway, in and of itself, is an activity that brings about a higher risk of serious injury because cyclists are not protected by a car’s exterior like motorists are. Young children are even more vulnerable while riding bicycles on the roadway because they are smaller and harder to see. Therefore, it is critical that parents and guardians review roadway laws and safety measures with their young children regularly to avoid unfortunate accidents and injury. Children must obey the applicable traffic laws anytime they ride on the roadway [...]

Why you should hire an OTLA Lawyer?

Jason Singer is on the OTLA Board of Directors. His blog was originally distributed in the March 28, 2018 edition of the OTLA newsletter. "Trying to decide which lawyer to hire to help you and your family following a car accident or other personal injury claim?  There are many excellent questions and considerations that should go into making this important decision.  Experience, reputation, price and comfort will likely be part of that decision-making process.  But another important question to ask is whether your prospective lawyer is a member of the Ontario [...]

Douglas v. Stan Fergusson: Subrogated claims of a bankrupt insured

Did you ever wonder how an insurer can bring a subrogated claim where the insured goes bankrupt?  Probably not, but the answer turns out to be more complicated and controversial that you might think. In Douglas v. Stan Fergusson Fuels, the Ontario Court of Appeal convened a five judge panel which split 3-2, overturning the Divisional Court’s finding (after leave was granted) which had upheld the motion judge’s decision.   If you are counting, that is ten judges weighing in on this issue.  It is possible that Supreme Court may have [...]

Ontario Trial Lawyers Association Case Summaries – February 4, 2018

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA February 4th, 2018 newsletter. Liu v. The Personal Insurance Company et al, 2018 ONSC 324 (CanLII) This is a motion to withdraw an admission made during oral submissions at a previous summary judgment motion and to amend certain paragraphs of that summary judgment decision. Date Heard: December 8, 2017 | Full Decision [PDF] In June 2017, Sutherland J. heard a summary judgment motion brought by The Personal, the Plaintiff’s motor vehicle insurer, for a declaration that [...]