We don’t just settle cases we are willing to take them all the way to trial.
Insurance company refused to pay motorcycle accident damage
Insurers will not fairly assess a Personal Injury claim if they feel the Injured Person's Lawyer does not have the experience or courage to take the case to trial. At Potestio Law we have tried and argued cases against Insurance companies in the Ontario Court of Appeal, the Superior Court of Justice, the Ontario Divisional Court and the Financial Services Commission of Ontario. The following are some of our cases that have gone to court and reported in the legal reports:
- In Lento v. Castaldo, 17 C.C.LI. (2d) 32; 44 M.V.R. (2d) 31; 12 O.R. (3d) 321 (Gen. Div.) Tony represented the injured party who was prevented from returning to his pre accident job as a result of injuries suffered in a motorcycle accident. This was the first case in Ontario to proceed to trial under the new no fault / "Threshold" legislation passed in 1996. The Insurance company argued that Injured Party's injuries did not meet the threshold and refused to pay any damages. After a lengthy trial Tony was successful in obtaining Judgment against the Insurance company for his client in excess of $500,000.
- The Insurer appealed the trial decision in Lento v. Castaldo to the Ontario Court of Appeal, in Meyer v. Bright, 1993 CanLiI 3389 (ON CAl - 1993-10-22; 15 O.R. (3d) 129; 110 DLR (4th) 354; 67 OAC 134. Because of the significance of the case and the need to clarify the Threshold Laws, the Ontario Court of Appeal empaneled a special hearing with 5 judges to hear 3 cases. Tony was successful in arguing the cases against the Insurance Industry and the trial decision was upheld. These cases are now known as the Threshold Trilogy and have been an important precedent for over 15 years.
Arbitrator’s ruling against the Insurer
In Allstate Insurance Company of Canada and Terry Gurney, January 27, 2006, FSCO Appeal Order POs-OOOOs, Tony successfully defended the Arbitrator's ruling against the Insurer at the Appeal hearing before the Director's Delegate of the Financial Services Commission of Ontario.
Injuries Evidence after insurance claim limitation period
In Newbold v. Hanlon, Ontario Superior Court of Justice (O.J. 98-0489). The Insurer refused to pay damages to an injured person on the grounds that a claim had not been commenced within the 2 year limitation period. Tony successfully argued at trial that the limitation period against the injured party did not commence to run until there was sufficient evidence to confirm that the injuries met the Threshold. Judgment was granted against the Insurer.
Property loss after a fire, the insurer contested
In Hung-Huong Enterprises Limited v.The Sovereign General Insurance Company, Superior Court of Justice No. 95-0338, the Insurance Company refused to pay for a property loss after a fire. Following a 2 week trial, Tony was successful in obtaining Judgment for his clients in excess of $500,000 against the Insurer. The Insurer did not appeal the ruling.
Denied liability and disputed the damages claimed
In Kukkee v. Perron, 1999 Canlll 3174 (ON CAl - 1999-02-09;  O.J. No. 256;  O.J. No. 1646, Tony was successful in obtaining a Judgment against the defendant's Insurance company after a 2 week jury trial. Prior to trial the Insurer had denied liability and disputed the damages claimed. The Insurer did not appeal the ruling.
Fatally injured in a car accident
In Yvonne Rodrigue and Melissa Rodrigue and Canadian General Insurance Company, August 30, 1995, OIC File No. A-005175, the Insurer refused to pay death and other accident benefits to the common law spouse of an individual who was fatally injured in a car accident. Tony was successful in obtaining these benefits for this client after a trial before the Financial Services Commission of Ontario. The ruling also was relying upon in obtaining a favourable settlement of the client's claim against the at fault party.
Not entitled to medical rehab benefits? Ask Tony.
In Terry Gurney and Allstate Insurance Company of Canada, February 15, 2005, FSCO File No. A04-00142, The Insurer argued that the injured party was not entitled to medical rehab benefits beyond a certain period of time because of the transitional provisions of amendments to the Statutory Accident Benefits Scheduled. Tony disagreed with the Insurer's interpretation of the legislation and successfully obtained a Ruling in his client's favour from an Arbitrator from the Financial Services Commission.
Preventing the certification of a union
In Circle Inn Limited v. United Steelworkers of America (1999) O.L.L.A. No. 719, File No. A981924, After a 11 day hearing before the Ontario Labour Relations Board, Tony was successful in obtaining a ruling in his client's favour preventing the certification of a union that had not obtained sufficient votes to represent the workers.
Court Judgment interpreting a will
In Wesley v. Walsten, Ontario Superior Court of Justice: O.J. No. 04-0131, Tony represented a beneficiary of an Estate and obtained a Court Judgment interpreting a will in his client's favour.
Owed money by family members
In St. Jean v. Cocks (Superior Court of Justice; O.J. No. 99-0798) At trial Tony obtained a Judgment in favour of widow who was owed money by family members.