Alexander D. Pettingill
Phone: 416.507.1802
Email: apettingill@tgplawyers.com
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Notable Decisions of Alex Pettingill:
"Jaffer vs. York University [2009] O.J No. 4606 (Sup. Ct. J.). Acted for York university in an action brought by a student on the basis of a failure to provide appropriate academic accommodations for his disability (the student had Down Syndrome). On a Rule 21 Motion, the case against the university was struck, without leave to amend, on the basis that the university had exclusive jurisdiction to adjudicate the "educational malpractice" elements of the claim and the Ontario Human Rights Tribunal had exclusive jurisdiction to adjudicate the Human Rights elements of the claim.
Dawson v. University of Toronto, [2007] O.J. No. 4861 (C.A.). Acted for university. The Court of Appeal upheld the lower court decision in which the case against the university was struck, without leave to amend, on the basis that the court lacked jurisdiction to adjudicate an "educational malpractice" claim.
Semple v. Canada (Attorney General) (2006), 40 C.P.C. (6th) 314 (Man. Q.B.). Acted for a third party religious institution in motion to certify the largest class action in Canadian history (with a class size of over 90,000), and to approve the settlement of the action.
Baxter v. Canada, [2005] O.J. No. 2165 (Ont. S.C.J.). Acted for church in proposed class action claim. At issue in the motion was whether the third parties had the right to bring motions to dismiss the third party claims before the certification motion in the underlying class action.
Renaissance Leisure Group Inc. (c.o.b. Muskoka Sands Inn) v. Frazer (2004), 242 D.L.R. (4th) 229 (Ont. C.A.). Acted for the plaintiff in an action for contribution and indemnity from a joint tortfeasor. The action against the joint tortfeasor was commenced following the trial of the underlying action in which our client was found partially liable for the plaintiff's injuries. In the contribution trial, Frazer was found liable for 30% of the damages in the underlying action.
Canadian Premier Holdings Ltd. v. Winterthur Canada Financial Corp. (2000), 132 O.A.C. 172 (C.A.). Acted for Winterhur Canada Financial Corp. on appeal. At trial, Winterhur was ordered to pay certain assessments arising from the insolvency of several Life Insurance companies. On appeal, the trial decision was reversed and Winterhur was not required to pay any assessments.
Lorefice v. Consumers Gas [1998] O.J. No. 2832 (Ont. S.C.J.). Acted for plaintiff in subrogated action seeking to recover for a house fire. The defendant was found to be responsible for the fire and was ordered to pay 100% of the cost of the fire to our client.
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