Joyce Tam

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Joyce is a partner of Thomas Gold Pettingill LLP.

Areas of practice & Experience

Joyce is a partner at TGP and co-chair of the firm’s coverage group. Joyce joined TGP after practicing professional liability and commercial litigation with a boutique litigation firm in Toronto.

Joyce’s practice at the firm focuses on representing clients in insurance coverage, defamation, professional liability, and commercial litigation matters. Joyce has appeared before the Financial Services Commission of Ontario, the Ontario Civilian Police Commission, the Ontario Superior Court, the Ontario Divisional Court, and the Ontario Court of Appeal.

Joyce’s recent work includes:

  • Successfully defending a university against a Norwich application in relation to potential defamation and negligence claims.
  • Defending both institutions and individuals in defamation claims relating to publications (online and print) and business communications.
  • Representing both policy holder and insurer clients in coverage matters relating to cyber-breaches, environmental disasters, and financial fraud.

Reported decisions

  • Ali Elkaabi v. Facebook Canada Ltd. and Facebook, Inc., 2018 ONSC 5742. Acted for Facebook Inc. and successfully defended motion for mandatory interlocutory injunction to remove content from Facebook’s platform.
  • Liberty Mutual Insurance Co. v. Cronnox Inc., 2018 ONSC 1578. Acted for insurer and obtained declaration that a prior-knowledge exclusion in a claims-made E&O policy barred coverage.
  • Envirochill Cryogen Development Corporation v. University of Ontario Institute of Technology, 2018 ONSC 766. Acted for university in largely successful motion to strike for pleading evidence.
  • Subway Franchise Systems of Canada, Inc. v. Trent University, 2017 ONSC 4562. Acted for university in a case alleging negligence and defamation in the testing of chicken sandwiches.  Successfully resisted franchisor’s attempt to obtain pre-litigation production of test results through a Norwich application.
  • Freyssinet Canada Limitée v. Parkway Infrastructure Constructors, 2017 ONSC 3914. Acted for subcontractor successfully in a motion on whether an agreement to procure builders’ risk insurance precluded a counterclaim between contractors.
  • Francis v. Dominion of Canada General Insurance Company, 2016 ONSC 6566. Acted for insurer and obtained decision that section 20(1) of the 1994 SABS (dealing with when payment of loss of earning capacity benefits were authorized) did not violate section 15 of the Canadian Charter of Rights and Freedoms. Successfully defended appeal of decision and judicial review of the appeal.
  • Economical Mutual Insurance Co. and Northbridge Commercial Insurance Co., 2016 ONSC 458. Acted for insurer on hearing on whether the statutory deductible for loss transfer applies per occupant or per vehicle.
  • Newey v. Dominion of Canada General Insurance Co., 2016 CarswellOnt 8252. Acted for insurer and successfully obtained decision that the applicant was not involved in an “accident” as defined in the SABS.
  • Durham Regional Police Association and Durham Regional Police Services Board, 2015 ONCPC 08. Acted for college and successfully resisted application by police associations for the determination that a college professor on secondment with the police service is a member of one of the associations.
  • Sagan v. Dominion of Canada General Insurance Co., 2014 ONCA 720. Acted for insurer and obtained summary judgment on the basis that the claim was time-barred. Successfully defended appeal.
  • 1489018 Ontario Ltd. o/a New Age Recovery Centre Ltd. v. Alexander Martey and The Dominion of Canada General Insurance Company, unreported, 2014. Acted for insurer and successfully resisted a claim by a third party provider of medical rehabilitation services directly against insurer for payment of statutory accident benefits.
  • Dominion of Canada General Insurance Company v. Prest, 2013 ONSC 92. Acted for insurer and successfully brought application that the respondent was not involved in an “accident” as defined in the SABS

Education & Associations

  • Called to Bar of Ontario, 2011
  • LL.B/B.C.L., McGill University
  • M.A., Humanities Computing & English, University of Alberta
  • Hons. B.A., English, Simon Fraser University