Notable Cases

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Our Notable Cases

Trucking & Automobile Litigation Decisions
Accident Benefits Decisions
Loss Transfer/Priority Dispute Decisions
Commercial Litigation Decisions
Professional Disciplinary Hearings

TFI International Inc.: Successful 14-day trial before the Honourable Justice R.J. Nightingale. This trial involved complex pre-accident medical conditions, post-accident damages as well as a stroke suffered after the subject accident. Michael successfully argued that the plaintiff’s subsequent stroke and all ancillary damages were not caused by the underlying motor vehicle accident.

Economical Mutual Insurance Company: Bogdan successfully argued a dismissal of an application for rescission at the Superior Court of Justice brought forth by the plaintiff. Bogdan argued this decision before the Honourable Justice J.E. Ferguson and secured $12,000.00 in costs for his client.

TD Insurance, Meloche Monnex: Michael represented TD Insurance in an action commenced by a self-represented party and was able to secure costs for his client. He successfully argued a summary judgment motion resulting in the dismissal of the plaintiff’s entire claim. The  Honourable Justice H.K. O’Connell praised Michael by indicating in his decision: “[l]et me end by saying that counsel Mr. Blinick was very fair in his argument to the court”.

Wawanesa Mutual Insurance Company: Bogdan successfully argued dismissal of action as against the plaintiff at the Superior Court of Justice. Bogdan argued this decision before the Honourable Justice T.A. Bielby and secured $22,627.65 in costs for his client.

TD Insurance, Meloche Monnex: Michael successfully represented TD Insurance on behalf of a Third Party before the Honourable Justice Diamond in a summary judgment motion. He was successful in getting the Third-Party Claim dismissed for his client and managed to secure costs for his client.

Economical Mutual Insurance Company: (P.F. v Economical Mutual Insurance Co.) Bogdan was successful following an in-person arbitration hearing with Vice-Chair Lester who ruled that the applicant was not entitled to accident benefits as the injuries sustained in the incident were not from an “accident” as defined in section 3(1) of the Statutory Accident Benefits Schedule.

TD Insurance, Meloche Monnex: Michael acted for TD Insurance in this preliminary issue hearing at the LAT to challenge the reasonableness of the applicant’s request for the insurer to fund responding CAT reports. The LAT Adjudicator Jesse A. Boyce agreed with Michael and ordered that unapproved CAT items in the OCF-18 treatment and assessment plan are not reasonable and necessary.

Wawanesa Mutual Insurance Company: (17-001855 v Mutual Insurance Co.) Bogdan successfully argued at this accident benefits LAT hearing that the applicant (i) sustained predominately minor injuries as defined under the SABS; (ii) is not entitled to attendant care and psychological assessments; and (iii) is not entitled to costs of the arbitration.

GEICO Insurance: (Munnings v. GEICO Insurance Company) Michael successfully represented the respondent, GEICO, in a hearing at the Licence Appeal Tribunal (“LAT”). The applicant initiated the subject dispute seeking payment for incurred expenses associated with her post-accident medical care. Michael successfully argued that the applicant had provided no evidence to establish that the submitted expenses were in fact denied by GEICO and, therefore, that the LAT did not have jurisdiction to determine the issue. The Adjudicator accepted GEICO’s submissions and relied on Section 280(2) of the Insurance Act in finding that it did not have the jurisdiction to adjudicate the matter. Michael successfully secured the maximum amount allowed for costs at the LAT.

Chubb Insurance Co. of Canada/Stock Transportation: Michael successfully represented Stock Transportation in this priority dispute private arbitration hearing before the Arbitrator Shari L. Novick and secured costs award for his client. The Arbitrator ruled in Michael’s favour by concluding that Stock Transportation did not make the bus in question available for the driver’s regular use at the time of the accident, and he was therefore not a deemed named insured under the insurance policy with Chubb Insurance.

Liberty Mutual General Insurance Company: Bogdan successfully argued that the Ontario Insurance Act and specifically s. 268 of the Insurance Act (Ontario Regulation 283/95) applies to an American insurer that does not undertake or agree or offer to undertake a contract in the Province of Ontario but that has filed a “Power of Attorney and Undertaking” (PAU).

AIG Insurance Co. of Canada: Michael represented AIG in this loss transfer private arbitration hearing. The issue was whether the applicant was entitled to loss transfer reimbursement from AIG for accident benefits paid to or on behalf the insured.

Confidential Client: Bogdan successfully argued a virtual private arbitration hearing pursuant to the Arbitration Act, 1991, relating to a contractual dispute between two institutional parties. In addition to winning the case, Bogdan was successful in obtaining substantial indemnity costs for his client with respect to this private arbitration hearing.

AIG Insurance Co. of Canada: Michael successfully represented AIG in a summary judgment motion relating to an indemnity provision in a lease agreement and secured a costs award in the amount of $17,000.00 for his client. This decision was then appealed by the opposing counsel and Michael was yet again successful with the leave to appeal rejected by the Divisional Court and another costs award in the amount of $6,500.00 awarded to his client.

Pharmacist Confidential Client: Michael acted for Pharmacist in a legal proceeding initiated by the Ontario College of Pharmacists before the College’s Discipline Committee.