Jeremy successfully represented a dental hygienist before the Health Professions Appeal and Review Board (HPARB) following a complaint by the applicant to the College of Dental Hygienists of Ontario. The HPARB confirmed the College’s decision to take no action with respect to the complaint on the basis that the decision was adequate and reasonable in the circumstances and dismissed the applicant’s review.
Jeremy and Gabrielle successfully represented the Estate Trustee in an application to remove an overholding beneficiary in the Estate’s property. Jeremy and Gabrielle successfully received an order for vacant possession of the property, resisted the beneficiary’s injunction request, and received an award for occupation rent and the carrying costs that were incurred while the beneficiary refused to vacate the property.
Liam successfully acted for the Defendants at trial against allegations of trespass and harassment. The Court dismissed the action and awarded costs to the Defendants.
Gabrielle was successful at trial in having a claim dismissed against homeowners for alleged property damage.
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.
