Cases
Cases
Christopher Reain
Toronto-Dominion Bank, N.A. v. Lloyd’s Underwriters, 2016 ONSC 2464; 2016 ONSC 8006; 2017 ONCA 1011
Successful appeal overturning a partial summary judgment that was granted to a Bank, in relation to an insurance policy for a $300M claim concerning a Florida lawyer and customer of the Bank who ran a Ponzi scheme involving the fraudulent sale of non-existing interests in structured settlements supposedly handled by his law firm.
Active Fire Protection 2000 Ltd v BWK Construction Co (2005), 200 OAC 275
Successfully upheld judge’s decision that dismissed a claim against our client as a result of a contractor providing a covenant to insure in favour of our client.
Loblaw Properties Limited v Turner Fleischer Architects Inc., 2017 ONSC 6127
Successfully resisted an attempt by a defendant to bring our client into the main action by way of a misnomer motion. We were able to demonstrate that our client would suffer non-compensable prejudice if the relief was granted.
The decision involved a novel application of the doctrine of misnomer to a motion brought by a defendant.
Living Water (Pressure Wash Services) Ltd v Dyballa, 2011 ONSC 5695
Successfully dismissed an action against a client in Germany as an abuse of process.
Tornado ACS Canada et al v Living Water et al, 2010 ONSC 3001
Successful in obtaining an interim injunction in favour of our client upholding a non-compete clause in a dealer/distributor agreement to allow them to be first to market with a unique technology.
Sun-Times Media Group Inc v Royal & SunAlliance Insurance Company of Canada, [2007] OJ No 4544 (SCJ)
Christopher Reain successfully argued for the affirmation of a settlement fund made available to Sun-Times Media Group Inc. for the settlement of class actions under a Directors and Officers liability policy.
Hollinger Inc v American Home Assurance Co, [2006] OJ No 1791 (SCJ), [2006] OJ No 1898 (SCJ), [2007] OJ No 4424 (SCJ)
Christopher Reain and Clarence Lui successfully defended claims by Hollinger Inc. for repayment of defence costs arising from class actions against its officers and directors.
Bois v Ron’s Burner Services Ltd, [2004] OJ No 5788 (SCJ)
Successful trial decision on a subrogated claim against an oil burning furnace service contractor. We were able to prove that a fire started as a result of an ongoing failure on the part of the contractor to properly service the furnace.
Gauthier v Scottish & York Insurance Co Ltd, 2003 CanLII 46126 (Ont SCJ)
A trial victory on a questionable theft claim. The insured was unable to prove that a theft took place for coverage under the policy. Conversely, the insurer was able to prove their counterclaim based on fraud, and recovered their investigation costs.