Recent Cases
A proven track record of navigating complex construction disputes.
We represent clients across the sector with a focus on achieving early and cost-effective resolution with pragmatic results. Where formal proceedings are unavoidable, our clients’ successes reflect our commitment to securing favourable outcomes through strategic advocacy.
Bonds & Insurance Cases
CRD v. Aviva, 2021 ONSC 1109 (CanLII)
In this matter, we successfully brought an application to compel an insurer to provide a defence to a counterclaim in circumstances where prior counsel had failed to give notice of the counterclaim to the insurer for almost 3.5 years. The issues on the application included the concepts of relief from forfeiture, waiver and prejudice in the context of an insurance policy as well as the application of the Insurance Act in that regard. The decision is currently under appeal.
Counsel
Jacobs v. Leboeuf Properties Inc., 2019 ONCA 551 (CanLII)
Here, a new-home builder had required the homeowner, in its form of contract, to obtain “all-risks” insurance coverage for “damage resulting from defective design, workmanship or material”. We acted for the homeowner and successfully appealed from a motion decision which had held that the homeowner undertaken in the contract to insure the contractor against its own deficiencies, such that the contractor could refuse to correct them and require the homeowner to call on his insurance, instead.