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PROPERTY & CASUALTY AND SUBROGATION CASES ARGUED BY TGP

Deonarian v. Shah, [2009] O.J. No. 850 (C.A.). Represented Respondent in an appeal in which the Respondent was alleged to have participated in an assault.

Small v. Stec, [2009] O.J. No. 426 (S.C.J.). Defended University campus police at trial in a claim for negligence, malicious prosecution, wrongful imprisonment, assault and battery.

Pipespec Ltd. v. Peppercorns Mediterranean Steak House Bar Ltd. (March 10, 2009, Toronto doc. CV-08-0343-00, Ont. S.C.J.). Defended client solicitor in a motion by plaintiff for an award of costs payable personally by the solicitor.

Starogiannis v. Extreme Personal Training Inc. (Ont. S.C.J., September 29, 2008, Master Dash). Acted for proposed defendant in a motion to add defendant beyond limitation period. This case discusses the new Limitations Act and the principles behind the Court's discretion to add a defendant to an action after the expiry of a limitation period.

Danyliw v. 578693 Ontario Ltd., [2007] O.J. No. 2377 (Ont. C.A.), affirming (2006), 52 C.L.R. (3d) 27 (Ont. S.C.J.). Acted for plaintiff in action to recover approximately $2,000,000.00 in damages resulting from a fire. The defendant masonry company that constructed the fireplace 19 years prior to the fire was found to be 100% responsible.

Brock v. Hsu (2006), 82 O.R. (3d) 786 (S.C.J.). Acted for the defendant Chair of the Pediatric Oncology Group in a case involving a plaintiff who allegedly suffered injuries due to one of the research protocols.

Zhuppa v. Porporino (2006), 210 O.A.C. 126 (C.A.). Successfully appealed to the Court of Appeal to overturn the enforcement of a purported settlement against an Albanian refugee using his seventeen year-old son as an interpreter.

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.

Coulter v. Lavignasse (2003), O.T.C. 439 (Ont. S.C.J.). Acted for defendant at trial which resulted in a successful threshold and deductible defence.

Cheung v. Toyota Canada Inc. (2003), 29 C.P.C. (5th) 267 (Ont. S.C.J.). Acted for moving defendant in a motion for sanctions due to spoliation of evidence in a product liability case.

Hawley v. Fearn-Stewart (2003), 233 D.L.R. (4th) 160 (Ont. S.C.J.). Acted for defendant in a discovery motion on whether the identity of a confidential informant was privileged.

Boisjoli v. Woody Hooks, [2003] O.J. No. 3362 (Ont. S.C.J.). Acted for defendant on summary judgment motion to dismiss claim and for costs.

Graham v. 7 Eleven Canada Inc., [2003] O.J. No. 544 (S.C.J.). Acted for defendant in summary judgment motion in slip and fall case.

Birbank Farms v. Superior Propane Inc., [2002] O.J. No. 2326 (Ont. S.C.J.). Acted for defendant in large explosion and fire claim. The plaintiff’s claim for business opportunity was restricted to 10% of the amount claimed by the plaintiff.

Smith v. Yea, [2001] O.J. No. 2059 (Ont. S.C.J.). Acted for defendant on motion to enforce settlement.

Doussept v. Canada Post, [1998] O.J. No. 4506 (C.A.). Successfully relied on, through appeal, the terms and conditions of an indemnity agreement. At issue was whether the terms of the agreement were broad enough to indemnify against claims arising out of the client’s own negligence.

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.

Ferma Import & Export, a division of Unibel Co. v. Prudential Assurance Co. of England Property and Casualty (Canada), [1996] O.J. No. 2268 (Gen. Div.). Acted for defendant insurance broker with respect to a fire loss at a warehouse resulting in damages of approximately $300,000.00. No liability was found to rest with the broker and the action as against the broker was dismissed.

Mellanby v. Chapple, [1995] O.J. No. 1299 (Gen. Div.). Acted for a hotel company in a trial involving injuries sustained by a professional hockey player in a fight in the hotel's restaurant.

Kahsay v. Mesic, [1995] O.J. No. 2072 (Gen. Div.). Argued on motion that action should be dismissed based on the threshold provisions of the Insurance Act.

Whitlow v. 572008 Ontario Ltd. (c.o.b. Cross-Eyed Bear Tavern), [1995] O.J. No. 77 (Gen. Div.). Acted for a third party (Royal Canadian Legion) in a tavern liability case involving a fatality. The third party’s liability was restricted to 5%.

Jaffe v. Metropolitan Condominium Corp. No. 539, [1993] O.J. No. 2982 (Gen. Div.). Acted for the defendant condominium corporation at trial in an action in which the plaintiff sued the corporation for negligence and breach of contract after being abducted by bail bondsman in his condominium complex. The court found that there was no evidence that building was not maintained in a safe condition, nor was negligence or breach of contract established.

Snyder v. Rodger, [1993] O.J. No. 1382 (Gen. Div.). Acted for the defendants in a motor vehicle case in which, after trial on the damages issue, less was awarded to the plaintiff than the defendants' offer.

Trumble v. Honda Canada Inc., [1993] O.J. No. 2005 (Ont. Ct. (Gen. Div.)). Acted for the defendant Honda in a successful motion for summary judgement on the issue of whether the plaintiff's action was statute barred.

Sandhu v. Ontario (1990), 49 C.P.C. (2d) 298 (S.C.). Acted for Honda in a products liability case.