Decisions
Some of our
- Rahman v. Savitski
- Derenzis v. Gore Mutual et al.
- Vrantsidis v. Allstate
- MVAF vs. Pembridge
- Allstate v. Cooperators
- DM and Allstate
- Fu v. Pembridge
- Barnes v. Allstate
- Orahim v. Allstate
- Diwa v. Allstate
- Meade v. Hussein
- Mamo v. Morgan
- C.L. v. Allstate
- K.S. v. Allstate
- Y.Y. v. Allstate
- Fernandes v. Allstate
- D.M. v. Allstate
- 17-008069 v. Economical
- 17-007017 v Pembridge
- 18-001406 v Certas
- 17-009243 v. Gore Mutual
- Rodriguez v. Parsley
- 17-003047 v. Economical
- Economical v. Jevco
- Shipley v. Virk
- Byers v.
Krishnasam - Doe v. Anjum
- Butani v. State Farm
- Marfo v. Pafco
- Smith v. State Farm
- Gluchowski v. Lister
- Lamantia v. Ciardullo
- Ross v. Hertz Canada
Bhattacherjee v. Marianayagam- Morelli v State Farm
- Parris v. Laidley
- Leone v. State Farm
- Barr v. Zahavy
- Mohammed v. Economical (Sept.)
- Mohammed v. Economical (Mar.)
- Mazin v. Personal
- Mazin v. Personal (Expenses)
- Lin-Liu v. ING Insurance Co of Canada
- Walia v. Certas
- Luskin v. Personal (Reasons)
- Luskin v. Personal (Expenses)
- Thakur D v. State Farm
- Thakur P v. State Farm
- Kavanaugh v. ING Insurance Co of Canada
- Baptiste v. Pilot (Motion)
- Baptiste v. Pilot (Adjournment)
- Fan v. State Farm
- Berhe v. State Farm
- Duffus v. CGU
- Leufkens v. Alba Tours International
- Fasken v. Iola
- Decision No. 1318-98
Speaking Engagements
Defending Accident Benefits Claims: A Crash Course
Date: June 9, 2023
Time: 9:00am to 12:30pm
Location: Live Webcast
This event, restricted to defence practitioners, is designed as a “Boot Camp” for AB practitioners in Ontario. Topics to be discussed include Top AB Cases, Preparing for Case Conferences, Introduction to CAT and Preliminary Issues, Specified Benefits: IRB and NEB, Medical/Rehabilitation Benefits and Attendant Care Benefits, and more!
To learn more about this event and register click More Information below!
5th Motor Vehicle Litigation Summit
Date: September 19 & 20 , 2022
Time: Day One – 8:30am to 4:30pm
Time: Day Two – 8:30am to 1:30pm
Location: Live Webcast
This annual summit is a comprehensive two-day program which provides attendees with the latest developments, fundamental skills, and insight needed for success in navigating the complexities of the motor vehicle litigation practice.
The program is accredited for 8.50 hours of substantive CPD, 2.50 Hours of Professionalism CPD, and 1.00 hours of EDI Professionalism CPD.
To learn more about this event and register click More Information below!
Meade v. Hussein: SPECT Scans and How this Decision Will Affect Defence Medicals
Date: April 13, 2022
Time: 12:30p.m. – 1:30p.m.
Location: Live Webinar
Can SPECT scans be used to diagnose traumatic brain injuries? In recent decision Meade v. Hussein, this was the focus of a pre-trial motion argued by speakers Ari Krajden and Mark Elkin.
At this webinar, chaired by Julianna Brimfield of Strigberger Brown Armstrong LLP, you will hear from the speakers, Mark Elkin of Thompson, Tooze, McLean, and Elkin and Ari Krajden of Kawaguchi Krajden LLP, as they discuss their positions and what this decision might mean for the use of SPECT scans in future cases.
This is a live webinar and registration includes access to the program recording and is accredited for 1 hour of substantive CPD. To register for this event please click the link below.
Tricks of the Trade
Date: January 28, 2022
Time: 9:00a.m. – 4:00p.m.
Location: Live Webinar
Join partner Heather Kawaguchi at the upcoming Tricks of the Trade webinar hosted by The Advocates’ Society on January 28, 2022 from 9:00 a.m. to 4:00 p.m. ET.
This is a must attend event for members of the personal injury bar and will address current challenges for both Plaintiff and Defence counsel. Updates on key decisions, advocacy tips, and guidance on practice and procedure for personal injury litigators will be shared by esteemed faculty from across Ontario.
This is a live webinar and registration includes electronic materials and 30-day access to the program recording. To register for this event please click the link below.
Young Lawyers Practical Skills: Building Your Law Practice.
Date: May 25, 2021
Time: 12:30p.m. – 2:00p.m.
Location: Online, Live Webinar
Join Ari Krajden at the upcoming Canadian Defence Lawyers conference, Young Lawyers Practical Skills: Building Your Law Practice. This conference is a must attend for young lawyers looking for advice on how to build a diverse, sustainable legal practice that can advance their practice to the next level.
If you have been thinking about how to better build your practice and client relationships, and how to get on a partnership track or possibly start your own firm, this is a conference you won’t want to miss!
Accident Benefits 2021: What’s New? What’s Important?
Date: February 23, 2021
Time: 9:00a.m. – 4:30p.m.
Location: Live, Interactive Webinar
Join partner Heather Kawaguchi at the Annual Osgoode Professional Development Conference on Accident Benefits on February 23, 2021 from 9:00 a.m. to 4:30 p.m. EST.
This is a must attend event for anyone working in the accident benefits field, providing a single day overview of legislative and practice developments to the accident benefits field delivered by experts in the field.
This is a live, interactive webinar and registration includes 120-day access to the program archive. To register for this event please click the link below.
A Key Update to Accident Benefits
Date: August 5, 2020
Time: 9:00a.m. – 12:00p.m.
Location: Webcast
Join our partner Heather Kawaguchi at Ontario Bar Association’s webcast A Key Update on Accident Benefits on August 5, 2020 from 9:00 a.m. – 12:00 p.m. EDT. This must attend event, delivered by experts, provides attendees with insights into the recent developments in the Accident Benefits field. Our partner, Heather Kawaguchi, will be speaking on the Appeals Panel on the topics of Reconsideration, Judicial Review and Appeal on an Issue of Law to Divisional Court.
To learn more about this event and register please click the link below!
Canadian Defence Lawyers – War Stories Speaker Series
Date: March 4, 2020
Time: 5:30p.m. – 8:30p.m.
Location: In Person – Toronto
Join our partner, Heather Kawaguchi, for the seventh annual Canadian Defence Lawyers “War Stories” speaker series, on March 4, 2020 at JOEY Eaton Centre in Toronto. Speakers Heather Kawaguchi and Lisa Van Arnhem of Travelers will focus on issues and topics that impact young lawyers including practice management and work/life balance, and will also share their own trial war stories.
This event provides a great networking opportunity and is a must attend for recent calls or even those preparing for their first solo trial!
Accident Benefits 2020: What’s New, What’s Important?
Date: February 20, 2020
Time: 9:00a.m. – 4:30p.m.
Location: In Person – Toronto/Webinar
Join partner Heather Kawaguchi at the Annual Osgoode Professional Development Conference on Accident Benefits on February 20, 2020 from 9:00 a.m. to 4:30 p.m. EST. This is a must attend event for anyone working in accident benefits, providing a single day overview of legislative and practice developments to the accident benefits field delivered by experts in the field.
This seminar is available in person or by webcast. To register for this event please click the link below.
Accident Benefits Fall Classic
Date: November 7, 2019
Time: 9:00a.m. – 4:30p.m.
Location: In Person – Toronto
Join our partner Heather Kawaguchi at Canadian Defence Lawyers’ Accident Benefits Fall Classic on November 7, 2019 from 9:00 a.m. – 4:30 p.m. This conference is designed by AB lawyers for AB lawyers and covers many great topics including a discussion of the latest issues in Loss Transfer and Priority files, the “top 5 cases” and their implications from a plaintiff and defence standpoint, the what, where, when, why, and how of post-accident deductions, and more! To see the full schedule/to register for this event please visit the link below.
How vaccine rollout impacts commercial risk management
Ari Krajden discusses the challenges employers face in dealing with employee’s vaccination status upon their return to the office in a recent article with Canadian Underwriter. “As employers are re-opening their businesses and will hopefully eventually be able to...
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BLOG: Changes to the Occupier’s Liability Act make for a sure-footed defence
Winter is upon us and so are long-awaited changes to the Occupier’s Liability Act. Bill 118 implements a 60-day notice period for slip and fall injuries due to snow and ice on private property. The changes will assist occupiers in investigating claims in a timely...
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How liability insurers will react to military report on long-term care homes
In a new article with Canadian Underwriter, Ari Krajden comments on how the recently released Canadian Military Report on long-term care facilities could impact the way liability coverage for these facilities is underwritten in the future. Ari Krajden also speaks...
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Opinion: How changes forced by pandemic are reducing litigation costs
How has COVID19 impacted the way law firms litigate? Ari Krajden speaks about the changes we have seen so far and how the insurance industry can benefit from these changes even once things return to normal in an article written for Canadian Underwriter. Read More…
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How to exclude business interruption during pandemic
Ari Krajden, comments on how a pandemic exclusion could be written so as to be unambiguous and enforceable in a recent article by Canadian Underwriter. “I would spell out scenarios in which each of those exclusions would apply,” said Ari Krajden, partner with law firm...
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BLOG: Shuttleworth v. Ontario – A Reasonable Apprehension of a Lack of Adjudicative Independence
The SABS dispute of Shuttleworth and Peel Mutual Insurance Company has brought a significant amount of attention to the LAT/SLASTO over the past several years. The initial decision, which was released on April 21, 2017, was to be the first decision released by the LAT...
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Where insurance fits into bicycle accidents
If you have clients who are riding their bikes this summer, how does liability insurance work if they get into an accident? Liability for bicycle accidents is “typically” covered under a home insurance policy but motorized scooters and other types of vehicles may not...
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If your clients have housemates, you may need to find out how closely their living activities are integrated.
For clients who are not living alone, do you know who is living with them and who is in their household? Court battles can arise over what a “household” means in an insurance policy. Living in the same home is not always the same thing as living in the same household,...
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Commercial clients are exposed to pot liability, even if they don’t produce cannabis
Even if your commercial client is not in the cannabis business, that client can face host liability risk related to marijuana use. This means the client could potentially be named as a defendant in a personal injury lawsuit if the plaintiff alleges the client failed...
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Lawyers say LAT has issues one year in
As the LAT approached the end of its first year conducting the Automobile Accident Benefits Service, lawyers were voicing concerns over how the new resolution system had operated so far. Among the concerns were the non-existence of costs awarded and the tribunal’s...
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