Michael Blinick

Partner

Expertise

Practice Areas:
Trucking & Automobile Litigation
Commercial/Civil Litigation
Loss Transfer/Priority Disputes
Accident Benefits
Disability Insurance
Contract Disputes
Cargo Claims
Occupiers’ Liability
Municipal Liability
Social Host & Tavern Liability
Products Liability
Coverage Opinions
Subrogation

About

Michael brings an energetic yet reasoned approach to his litigation practice.  He fights fiercely for his clients and will work tirelessly until his clients achieve their desired outcome.  All the while, he is cognizant of his clients’ appetite for litigation and is in regular and routine communication to ensure that they are always well informed and in control of their claims.

Michael recognizes that positive outcomes (as determined by the client) are only achieved when the lawyer fully understands the client’s objectives.  He then works closely with the clients to develop a process that increases the likelihood of the client achieving those outcomes.

Additionally, he HATES surprises on his cases.  As a result, he works very hard at the outset of his cases to truly understand what the disputes are about and to develop the necessary evidentiary foundation to support an appropriate litigation strategy.  He then continues to ensure that there are no developments that materially alter the strategy that has been implemented.  All the while, he makes sure his clients are informed of developments as they occur while keeping his eye on the desired end-result so that his clients are fully informed about the status of their claims and have the ongoing knowledge to make informed decisions.

While nothing in life is guaranteed, Michael is a firm believer that implementing a practical process that identifies the various pitfalls of different strategies at the beginning of his engagement increases the likelihood of his clients’ being satisfied at the end of the retainer.  This level of service is why his clients continue to return to Michael for assistance with their varied litigation (and non-litigation) legal needs.

While a primary aspect of his practice involves the defence of personal injury claims or property damage disputes, Michael is routinely retained to represent companies with varied risks or those who seek to recover for the losses caused by others.  He routinely assists corporations, risk managers, insurers, business owners, operators and individuals to manage their litigation risk in a results-oriented but cost-effective manner. He is particularly interested in assisting companies with developing systems and protocols to minimize the future risk of litigation.

He has represented clients at the Court of Appeal, Superior Court of Justice, Ontario Provincial Court, in private arbitration and at various administrative tribunals.

Beyond work, Michael is a committed family man.  When he is not working, it is quite likely that you will see him out and about with friends and family with a smile on his face.

Details

Education

LL.B., Queen’s University, 2008

Honours Bachelor of Science (Kinesiology), McMaster University, 2004

Cases

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.

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.

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.

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.

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 presiding 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”.

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.

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.  (https://www.canlii.org/en/on/onsc/doc/2015/2015onsc4579/2015onsc4579.html)

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

Associations

Law Society of Ontario

Ontario Bar Association