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,  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,  OJ No 1791 (SCJ),  OJ No 1898 (SCJ),  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,  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.