Blouin Dunn Lawyer, Tessie Kalogeras Successfully Argues A Summary Judgment Motion

Tessie Kalogeras recently argued a summary judgment motion before Justice Paul Perell and was successful.  The issue was whether the plaintiff’s account of the accident, that an unidentified vehicle was, on a balance of probabilities, the cause of the accident.  It was argued that the plaintiff’s account of the accident was not supported by sufficient evidence and as such, the Court was left with no other choice but to dismiss the plaintiff’s action against the UIM insurer. 

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WSIAT Hearing Win for Paul J. Barnes

Our Paul Barnes was recently successful at the Workplace Safety & Insurance Appeals Tribunal, obtaining an Order from Vice Chair Jay Josefo barring a substantial motor vehicle accident lawsuit from being advanced against the insureds of one of our major clients, as a result of the accident having happened in the course of the plaintiff’s employment duties. 

The decision of Vice Chair Josefo dealt substantially with the plaintiff’s credibility, but also confirmed the “now well-determined” law in Ontario that an itinerant road worker who stops (or who intends to stop) for a coffee/meal/washroom break while traveling between job sites is not engaging in a distinct departure on a personal errand, and thus does not take themselves out of the employment context. 

A copy of Vice Chair Josefo’s decision can be found here.

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Divisional Court Win for Blouin Dunn Lawyer Tessie Kalogeras

Our Tessie Kalogeras was successful on an appeal to the Divisional Court of a License Appeal Tribunal (LAT) decision; the Divisional Court, which comprised of a panel of three Judges found that the LAT decision was not an error of law, nor did it breach procedural fairness or natural justice for the appellant.  The three Judge panel confirmed that LAT decisions may be appealed on errors of law alone, with the standard of review being that of reasonableness.  This appellate decision was significant as it was the third of its kind since the inception of the License Appeal Tribunal on April 1, 2016.

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Blouin Dunn Partner, Jamie Dunn & Lawyer, Audrey Ramsay to Demonstrate and Co-Chair, respectively, at the OBA Program “Anatomy of a Trial: Demonstrations and Debriefs” on May 10-11, 2018

Blouin Dunn Partner, Jamie Dunn & Lawyer, Audrey Ramsay will be a “Demonstrator” and Co-Chair, respectively at the upcoming OBA Program “Anatomy of a Trial: Demonstrations and Debriefs” – a two-day seminar held on May 10th and 11th at 20 Toronto Street Conferences & Events.

Comprised of a stellar faculty of trial judges from the Superior Court of Justice and experienced trial advocates, this Program is geared to lawyers of all levels from the new litigator who has never conducted a trial, to the seasoned veteran to help gain best techniques for conducting a jury trial or appearing at an administrative tribunal hearing.

Attendees will learn how to handle documents, open and close to a jury, examine and cross-examine witnesses, and much more. 

Click here for more details.

Click here to register.

LAT Hearing Win For Blouin Dunn Lawyer Paul J. Barnes

Our Paul Barnes recently represented a major accident benefit insurer in a case that went before the Licence Appeal Tribunal on claims for income replacement benefits and several medical and assessment expenses.  Our client offered the claimant more than what it thought the claim was worth in a good faith effort to settle, but the claimant’s demands were excessive and beyond the range of reason.  Our insurer client stood its ground and accepted Paul’s recommendation to stick to its principled settlement position. 

The LAT Adjudicator who presided over the hearing issued a decision in mid-March 2018 that denied the claimant’s entitlement to every benefit that was claimed, resulting in a shut-out for our client. 

In the famous words of U.S. President Ronald Reagan, “half a loaf is better than none”.

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Arbitration Win! Blouin Dunn Lawyer, A.J. Wachna Succeeds At Arbitration With A Shut Out

Arbitration Win!

A.J. Wachna represented the insurer of a car driver.  The Claimant claimed he was riding his bicycle and our driver struck him. 

Initially, the Motor Vehicle Accident Claims Fund responded to the Applicant’s claim for Accident Benefits.  A.J. received the file to handle the arbitration 2 months before the hearing. 

After a 2 day hearing, the Arbitrator sided with A.J.’s client: the Applicant failed to establish an accident happened.  The Application for Arbitration was accordingly dismissed, with expenses payable by the Applicant to our client.

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Trial Victory! Blouin Dunn Lawyer, A.J. Wachna Wins A Trial

Trial Victory!

A.J. Wachna represented an insurer being sued by its insured for failing to provide accident benefits.

The insured presented evidence attempting to establish he was entitled to benefits, and that our client’s request for insurer’s examinations did not include the requisite “medical reasons”, and therefore he did not need to attend the examinations.

A.J. was able to prove that his client’s request did include the requisite “medical reasons”, and that the insured’s failure to attend the examinations barred his action.

The court preferred our evidence and dismissed the Plaintiff’s claim.

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Victory in Court! Blouin Dunn Lawyer, A.J. Wachna Ensures Safety of Children

Summary judgment blocked!

The case involves a commercial building with a common parking lot and multiple commercial tenants.  One of the tenants is a daycare centre. 

The Plaintiff dropped off her infant child at the daycare centre.  As she was returning to her car, she claims to have slipped on ice in the parking lot and suffered injury.  She sued the property owner, the daycare centre, and our client, the winter maintenance contractor.

The daycare filed a motion for summary judgment, seeking to be let out of the action.  They argued that they were not responsible for the parking lot because it was not part of their lease and the landlord had contracted to maintain it.  The daycare also argued that it owed no duty to the children or parents once they were off the rented daycare premises (i.e., in the parking lot).

We argued that the daycare owed a duty to the children and parents, because it shared in the control and maintenance of the parking lot, at least in the area where the Plaintiff claims to have fallen.

The court sided with us.  The court found that the daycare could not just walk away from liability  because—even if the parking lot was not part of the daycare’s lease—there were too many indications that the daycare was still exercising control, and thus was an “occupier” and responsible for the safety of the parking lot.

The complete decision can be found as follows: Citation: Peekaboo v. Arcovit [Court File No.: VC-14-120111].

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Blouin Dunn Lawyer, Tessie Kalogeras Successfully Argues A License Appeal Tribunal (LAT) Hearing

Blouin Dunn Lawyer, Tessie Kalogeras conducted a two day Hearing at the License Appeal Tribunal in October and November 2016. 

The decision (which was released on April 24, 2017) resulted in a complete loss for the Applicant who was claiming entitlement to Income Replacement Benefits, Medical Benefits and a Cost of an Examination.  Although not an issue in dispute, the Adjudicator also declared the Applicant’s injuries fell within the Minor Injury Guideline.  This in effect completely extinguished the Applicant’s claim for accident benefits on a go forward basis.  The lengthy decision provides good commentary on the way evidence of experts are treated at the LAT; as well as the conduct of counsel at these types of Hearings.

The link to the complete decision will be posted here upon release.

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