January 17, 2020 By Susan K. Dhaliwal

Ontario Trial Lawyers Association Case Summaries – January 17, 2020

Singer Kwinter’s Susan Dhaliwal highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA’s January 20, 2020 newsletter. Przyk v. Hamilton Retirement Group Ltd., 2019 ONSC 7498 Full Decision Aviva denied costs after successful trial because of hardball approach. This slip and fall action proceeded to trial on liability alone after the parties agreed to fixing damages at $75,000. Aviva was wholly successful at trial where the jury found no negligence on the part of the defendant. In considering costs, the Court agreed with Plaintiff’s […]

December 20, 2019 By Susan K. Dhaliwal

Ontario Trial Lawyers Association Case Summaries – December 20, 2019

Ontario Trial Lawyers Association Case Summaries Singer Kwinter’s Susan Dhaliwal highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA’s August 11, 2019 newsletter. McKay et al v. Park et al, 2019 ONCA 659 Full Decision Court of Appeal finds no vicarious liability on the driver and owner of the vehicle when front seat passenger seizes the steering wheel and causes a collision. The defendant, Sarah Park, was operating a vehicle she owned when her front seat passenger and co-defendant, Giancarlo Hnatiuk, pulled the steering […]

December 3, 2019 By Ann Grozier

Holiday Drinking Host Liability

As the holidays approach, it is important to be aware of your legal responsibilities. As a host when serving alcohol at your home. For many years, the Supreme Court of Canada’s decision in Childs v. Desmormeaux, 2006 SCC 18, has been the leading case on social host liability. The case involved a drunk party guest who crashed head-on into another car. While he driving home from a private BYOB New Year’s Eve party. One of the passengers in the other car died and three others were seriously injured. The Supreme […]

October 18, 2019 By Alfred M. Kwinter

Dealing with a major fire loss or property claim? Read Alf Kwinters list of Top 10 Did You Know tips for policyholiders.

Alfred M. KwinterAlf Kwinter Once Again Named to Best Lawyers® in Canada 2021Bucking the trends: the gentle way to fierce advocacyWhy Experience MattersSet your Author Custom HTML Tab Content on your Profile page

September 28, 2019 By Ann Grozier

I’ve got replacement cost – so what is it?

Few people look at their home insurance policies -even fewer actually read them. If you do happen to read your policy the words you want to see are “Replacement Cost”or “Replacement Value”. And once you do see these words in your policy what do they tell you? Likely very little unless you understand insurance law. Yes, you get the cost of replacing the item but what cost? The cost you paid? The cost or value the item was worth at the time of the loss? Or the cost to replace […]

August 11, 2019 By Ann Grozier

Ontario Trial Lawyers Association Case Summaries – August 11, 2019

Singer Kwinter’s Susan Dhaliwal highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA’s August 11, 2019 newsletter. Stewart et al. v. Wood et al., 2019 ONSC 3931 Full Decision Court finds adverse costs insurance an “access to justice” issue and a recoverable disbursement. This cost endorsement follows the settlement of a personal injury action ten days before the start of a scheduled three-week trial. The parties agreed on the Plaintiffs’ damages of $75,000 and that the issue of costs and disbursements would be assessed […]

July 10, 2019 By Ann Grozier

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. […]

July 7, 2019 By Singer Kwinter

Ontario Trial Lawyers Association Case Summaries – July 7, 2019

Singer Kwinter’s Susan Dhaliwal highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA’s July 7, 2019 newsletter. Trudeau v. Cavanagh, 2019 ONSC 2485 Full Decision Defendant successful on motion for summary judgment where Plaintiff signed an Excluded Driver endorsement. This decision arises after the Defendant brought a motion for summary judgment seeking the dismissal of the Plaintiff’s action as a result of a motor vehicle accident on August 7, 2013. The Plaintiff’s vehicle was purchased only a few days before the accident. The day […]

April 28, 2019 By Ann Grozier

Ontario Trial Lawyers Association Case Summaries – April 28, 2019

Singer Kwinter’s Susan Dhaliwal highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA’s April 28, 2019 newsletter. Full Decision The defendants, Nino Mazzuca and Toyota Credit Canada Inc. (“the Defendants”) brought a motion seeking an order requiring the plaintiff, Adam Courneyea (“the Plaintiff”), to attend a further examination for discovery. The Plaintiff was injured in a motor vehicle accident on September 13, 2012. He was examined for discovery on February 9, 2015. The pre-trial conference is scheduled for November 10, 2020, and a 25-day […]

March 24, 2019 By Ann Grozier

Ontario Trial Lawyers Association Case Summaries – March 24, 2019

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA’s March 24, 2019 newsletter. Peter B. Cozzi Professional Corporation v. Szot, 2019 ONSC 1274 (CanLII) Full Decision (PDF) The plaintiff, Mr. Nguyen, through his Litigation Guardian, commenced an action in 2007 against the defendant for injuries sustained in a motor vehicle accident. Mr. Nguyen obtained an After-the-Event (“ATE”) policy in the amount of $100,000 from DAS Legal through his lawyer, Peter Cozzi. Mr. Nguyen lost on the threshold issue at trial and was […]