Cases

Cases

Ryan Tinney

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.

Aviva Insurance Company of Canada v DP Consulting, [2018] OJ No 1312 (SCJ)

In a first known reported decision in Canada, the trial judge found an unlicensed insurance “consultant” to have committed civil fraud against our insurer client for her rate evasion scheme.  The fraudster solicited and provided services to individuals through her website and Instagram account, and exchanged information with policy applicants on quotes she obtained through text messages. She misrepresented her identity to brokers and obtained policies on behalf of the applicants by providing false rating information.

A judgment including punitive and exemplary damages at an amount five times the sum awarded for compensatory damages, together with an order for accounting and tracing, was granted in the insurer’s favour.

Scottish & York Insurance Co Ltd v Tabidze (10 April 2017), CV-15-532119 (Toronto)

Judgment against the defendant interpreter complicit in an insurance rate evasion scheme involving 36 policies of automobile insurance, following a Mareva injunction that was issued during the litigation which froze the sale of her home.

Traders Insurance v Kayes et al, 2020 ONSC 5991, 2020 ONSC 7227

Summary judgment against fraudsters for perpetrating a calculated and prolonged scheme to defraud the insurer, in which the court characterized the actions of the fraudsters as deliberate and reprehensible.

1179640 Ontario Ltd. (c.o.b. 1st Choice Auto Centre) v. DaSilva, 2020 ONSC 5456 (Div Ct)

Successful appeal confirming the strict requirements that have to be met under the Consumer Protection Act, 2002 before a lien under the Repair and Storage Liens Act can be enforced.

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