The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Limitation Periods: Claims Against Insurers When You Don’t Know What Hit You

Ardita Sinojmeri

When an unidentified driver causes an accident, there may be no way to secure compensation for an injury, as the driver and the driver’s insurer may never be identified. This gap in coverage is addressed through mandatory uninsured/unidentified motorist coverage under s. 265 of the Insurance Act and optional OPCF-44R family protection coverage, both of which provide coverage in these circumstances. Writing for a unanimous three judge panel of the Ontario Court of Appeal in Rooplal v Fodor, 2021 ONCA 357, Justice Thorburn clarified the current state of the law on limitation periods in the context of suing insurers for ... [more] Full article

Supreme Court Provides a Window to Uniform Interpretation of Standard Form Insurance Contracts

The Supreme Court of Canada has provided guidance to the insurance industry on the interpretation of standard form insurance contracts in the recent decision of Ledcor Construction Ltd. v. Northbridge. [more] Full article

Curtains for auditor’s arguments at the Court of Appeal in Livent case

Livent Inc. (“Livent”) has prevailed at the Court of Appeal in its auditor’s negligence claim against Deloitte & Touche (“Deloitte”) concerning Deloitte’s failure to detect an accounting fraud carried out by Livent’s senior management. In the result, the trial judge’s $84,750,000.00 damage award (plus interest) was upheld. [more] Full article

Court of Appeal at fault, 30 class actions become a total loss

Last summer, in David Polowin Real Estate Ltd. v. Dominion of Canada General Insurance Co., the Ontario Court of Appeal overturned its own decision on a question of law it decided just a few years ago in McNaughton Automotive Ltd. v. Co-operators General Insurance Co. In so doing, the Court wrestled with whether and when it could, or should, overrule one of its past decisions. [more] Full article


Insurance Defence Contributors

Ardita Sinojmeri

Ardita Sinojmeri

Affleck Greene McMurtry LLP

Ardita joins AGM as an Articling Student from Western Law, following several summers working in the mining industry. During law school, Ardita co-founded a program to provide free assistance to small businesses in the Greater Toronto Area struggling through COVID-19. At AGM, Ardita leverages her extensive legal, business, and community engagement skills in all of the firm’s practice areas.

Contributor's Profile

David N. Vaillancourt

David N. Vaillancourt

Affleck Greene McMurtry LLP

David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.

Contributor's Profile