Decisions
Some of our
- 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
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.
YLD Practical Skills: Motions as Tools in Your Defence Practice

Date: May 8, 2019
Time: 9:00a.m. – 1:00p.m.
Location: In Person – Toronto
On May 8, 2019 Join Heather L. Kawaguchi when she speaks at the fourth event in the Canadian Defence Lawyers Young Lawyers Division Practical Skills Series. Attendees will be provided with insight from the experienced speakers including strategies and methods that they use in the preparation of motions and will also be provided with approximately 3.50 CPD hours. To see the full schedule/register for this event please click the link below.
BDO CANADA LLP’S Ottawa Accident Benefits Conference

Date: May 29, 2019
Time: 8:00a.m. – 1:35p.m.
Location: In Person – Ottawa
Join partner Heather Kawaguchi at BDO Canada LLP’s Ottawa Accident Benefits Conference on May 29, 2019 from 8:00 a.m. – 1:35 p.m. EST. This seminar is held to assist Ontario insurance professionals by providing current and practical guidance on the quantification of IRB’s. Heather will be speaking about LAT decisions of interest. For more information on this event please contact us through our website!
Accident Benefits 2019: What’s New, What’s Important?

Date: March 25, 2019
Time: 9:00a.m. – 4:30p.m.
Location: In Person – Toronto/Webinar
Join partner Heather Kawaguchi as she co-chair’s the Annual Osgoode Professional Development Conference on Accident Benefits on March 25, 2019 from 9:00 a.m. – 4:30 p.m. EDT. This is a must-attend event for anyone working in the accident benefits field—plaintiffs’ and insurers’ counsel will be sharing their viewpoints on the most pressing (or repeatedly puzzling) AB issues and professional dilemmas. This seminar is available in person or by webcast. To register for this event please click 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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