Acting for the Defendant small business owner, Ms. Barber brought a Right to Sue
Application which barred the Plaintiff from pursuing a personal injury lawsuit.
Ms. Barber successfully barred a multi-million-dollar personal injury lawsuit with a Right to
Sue Application. The decision was upheld on both the reconsideration and Judicial Review.
Alex Herle represented the Defendant All Star in a trial in relation to an insurance dispute, in which
the Plaintiff’s claim was dismissed in its entirety against All Star. Mr. Herle then successfully
argued that the Plaintiff’s ought to pay enhanced costs as a result.
Kelly Hart, succeeded in representing the Respondent Desjardins Insurance in having this Appeal
dismissed on the issue of whether the underlying Arbitrator erred in determining that Economical
Insurance, and not Desjardins Insurance, was liable to pay Statutory Accident Benefits following a
priority dispute re: two catastrophically injured pedestrians. This successful Appeal followed an initial successful arbitration before Arbitrator, B. Carroll on the priority dispute.
Following a nearly 4-week jury trial, lead lawyers Tara Lemke and Kelly Hart, assisted by
Gabriella Gader, were successful in securing a jury award of $1,040,000.00 for their personal
injury plaintiff client in a motor vehicle accident case after years of hard-fought litigation. As
the net award was in excess of the Defendants’ offer to settle, the Defendants were
additionally required to pay a significant six figure costs award to the Plaintiff.
Kelly Hart, succeeded in representing the Appellant at the Court of Appeal, as the Court set aside the decision of the Superior Court Application Judge who the Court states fell short of the full analysis required to impose a duty to defend. The Application was sent back to the Superior Court for a rehearing, where Mr. Hart was successful in having it dismissed in favour of his client.
After successfully having the original Application decision set aside at the Court of Appeal, Kelly Hart was successful as counsel for the Respondent in defeating a duty to defend rehearing Application brought by the National Art Gallery. The Court found that no allegations against the Applicant had any bearing on the Respondent and that therefore neither the respondent, nor their insurer owed the Applicant any duty to defend. The Application was dismissed with costs payable to the Respondent.
Jeremy successfully represented our client in her appeal to the Social Security Tribunal of Canada
(General Division). Our client was denied employment insurance benefits a+er the Canada Employment
Commission accepted our client’s employer’s allegation that it terminated our client for “misconduct”.
The Tribunal agreed with Jeremy’s submissions and overturned the Commission’s denial of our client’s
employment insurance benefits.
Jeremy successfully represented the Estate Trustee in resisting the Plainti;’s motion for occupancy at
the deceased’s principal residence. The Court agreed with Jeremy’s submissions that the Plainti; did
not qualify as a “dependant” under the Succession Law Reform Act and held: “[the deceased] was not
providing support or under legal obligation to provide support immediately before her death”. The
Court agreed with Jeremy’s submission that the Plainti;’s evidence on the deceased’s support
obligations was sparse and awarded the Plainti; only $200/month in support, which was later
overturned on an appeal to the Divisional Court and the motion was dismissed in its entirety.
Jeremy successfully represented a physiotherapist against several complaints to the College of Physiotherapists of Ontario. The Inquiries, Complaints and Reports Committee (“the Committee”) undertook a thorough review of the evidence and arguments of the parties, and was persuaded to take no action in relation to any of the complaints. The Applicant appealed the decision to the Health Professions Appeal and Review Board, which upheld the Committee’s decision upon appeal.
