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The following is a sampling of leading edge cases litigated by lawyers at ADAIR MORSE LLP over the past several years. These cases demonstrate the breadth and diversity of our ability and expertise used to achieve the best possible results for our clients.
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AIDS2006 Toronto Local Host |
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Alie v. Bertrand & Frere Construction Co. (2002), 62 O.R. (3d) 345 (C.A.) |
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Budd v. Patterson [2002] 62 O.R. (3d) 715 |
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DeJong v. Owen Sound General Marine Hospital [1997] 31 O.R. (3d) 78 (C.A.) |
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Dumoulin v. Ontario [2005] O.J. No. 3961 (S.C.J.) |
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G.M. and Baby G.S. et al V. Dr. Chu et al [2006] O.J. No. 2762 (Sup. Ct. J.) |
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Gould Estate v. Stoddart Publishing Co. (1998), 39 O.R. 549 (C.A.) |
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Hanis v. University of Western Ontario, [2005] O.J. No. 5289 (S.C.J.), leave to appeal to the Ontario Court of Appeal sought. |
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Hollinger International Inc. v. American Home Assurance Co., [2005] O.J. No. 3244 (S.C.J.) |
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Idomo Furniture Company Limited v. City of Toronto, Catholic World Youth Day |
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Isen v. Simm [2005] 4 F.C.R. 563 (F.C.A.), leave to appeal granted [2005] S.C.C.A. No. 322 (S.C.C.) (decision under reserve) |
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John Doe v. Bennett and Roman Catholic Episcopal Corporation of St. George’s [2004] 1 S.C.R. 436 |
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Krever Commission |
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Martin v. Goldfarb and Farano Green (1998) 41 O.R. (3d) 161 (Ont. C.A) |
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Mortimer v. Cameron [1994] 17 O.R. (3d) 1 (C.A.) |
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Olivieri v. Commission of the European Communities et al |
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Osborne v. County of Bruce [1999] 39 M.V.R. (3d) 159 |
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Shibley V. St. Joseph’s Health Centre et al 2003 WL 23181927 (Ont. S.C.J.), 2003 Carswell Ont 5576 (appeal of arbitral decision), [2004] O.J. No. 470 (costs ruling), [2004] O.J. 952 (disposition re leave to appeal) |
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Thomas v. Bell Helmets (1996) O.J. No. 1395; (1999) O.J. No. 4293 (Ont.C.A.) |
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Vytlingam (Litigation Guardian of) v. Farmer (2005), 76 O.R. (3d) 1 (C.A.), leave to appeal granted [2005] S.C.C.A. No. 376 (S.C.C.) |
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AIDS2006 Toronto Local Host |
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| Lead counsel to organizers of the 16th International AIDS Conference in Toronto (August 2006), to successfully remove discriminatory self-disclosure requirements from Citizenship and Immigration Canada’s Temporary Resident Application form and related procedures affecting people living with HIV/AIDS and other communicable and chronic illnesses.
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Alie v. Bertrand & Frere Construction Co. (2002), 62 O.R. (3d) 345 (C.A.) |
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| This leading case explored “trigger theories” and the allocation of defence and indemnity costs among multiple primary, excess and umbrella insurers. Our firm acted for the insurers of a major international supplier of cement against whom 137 homeowners claimed damages arising from faulty concrete foundations. Our firm represented the only successful insurer on appeal.
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Budd v. Patterson [2002] 62 O.R. (3d) 715 |
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| Our firm represented the Defendants in this action before the Ontario Court of Appeal. The decision has become the leading authority in Ontario on the issues of res judicata, issue estoppel and abuse of process. | |
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DeJong v. Owen Sound General Marine Hospital [1997] 31 O.R. (3d) 78 (C.A.) |
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| A suicidal Plaintiff who escaped hospitalization and sustained catastrophic injuries was awarded $2.8 million for damages plus solicitor and client costs. Negligence against the hospital, nurses and treating physicians was found in relation to the diagnosis, treatment, management and adequacy of the hospital ward. The decision was upheld on appeal.
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Dumoulin v. Ontario [2005] O.J. No. 3961 (S.C.J.) |
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| Our firm successfully defeated a motion for certification in a class action lawsuit commenced by a group of individuals alleging toxic mould exposure.
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G.M. AND BABY G.S. ET AL V. DR. CHU et al [2006] O.J. No. 2762
(Sup. Ct. J.) |
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| The firm represents Plaintiffs who sued Dr. Chu, an obstetrician, and others, for medical malpractice by reason of Dr. Chu’s failure to advise G.M., when pregnant with Baby G.S., of a prophylactic drug to protect Baby G.S. from the vertical transfer of the HIV virus. The day prior to trial, Dr. Chu consented to judgment providing for payment of $6 million plus partial indemnity costs. This award of damages is ten times the previous largest HIV award in Canada. The court ruled against a premium on the partial indemnity fees payable by the Defendant, Dr. Chu.
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Gould Estate v. Stoddart Publishing Co. (1998), 39 O.R. 549 (C.A.) |
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| Our firm successfully represented a major publishing house in this leading intellectual property case. The matter involved a celebrity’s claim that a book containing his likeness and interview excerpts amounted to misappropriation of personality and copyright infringement. The Ontario Court of Appeal accepted our argument that the celebrity had no proprietary interest in the material absent an agreement to that effect with the author. | |
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Hanis v. University of Western Ontario, [2005] O.J. No. 5289 (S.C.J.), leave to appeal to the Ontario Court of Appeal sought. |
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| This matter involved a claim by a former University employee for a variety of alleged wrongs, including wrongful dismissal, malicious prosecution, defamation and breach of copyright. The resulting court decision is significant for establishing a framework for determination of the allocation of defence costs for covered and non-covered claims under an insurance contract, an area of law in relative infancy. Given the broad implications of the decision for insurers throughout Canada, leave to appeal has been sought from the Ontario Court of Appeal.
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Hollinger International Inc. v. American Home Assurance Co., [2005] O.J. No. 3244 (S.C.J.) |
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| This highly complex matter is one of a series of related proceedings arising from the much-publicized international litigation against Conrad Black and various directors of Hollinger International and its parent company, Hollinger Inc. Our firm represented the interests of Hollinger Inc. in this application concerning Ontario court approval of a proposed $50 million settlement. This case raises insurance coverage issues such as good faith, priority of payments and whether an insurer may prefer the interests of some of its insureds to others. | |
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Idomo Furniture Company Limited v. City of Toronto, Catholic World Youth Day |
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| This matter arose out of sewage build-up in the municipal sewage system that occurred during the visit of Pope John Paul II to Toronto in 2002. On retainer for the Attorney General of Canada and Catholic World Youth Days Council our firm negotiated a creative settlement of numerous claims in this highly complex, multi-million dollar litigation.
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Isen v. Simm [2005] 4 F.C.R. 563 (F.C.A.), leave to appeal granted [2005] S.C.C.A. No. 322 (S.C.C.) (decision under reserve) |
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| This appeal to the Supreme Court of Canada related to a major personal injury and raised issues of federal admiralty law including the application of the International Convention on the Limitation of Liability for Maritime Claims incorporated in the Shipping Act. | |
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John Doe v. Bennett and Roman Catholic Episcopal Corporation of St. George’s [2004] 1 S.C.R. 436 |
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| This case arose out of a series of sexual abuses committed by a Roman Catholic Priest in Newfoundland. On retainer for the Roman Catholic Episcopal Corporation of St. George’s, our firm advanced a leading edge position in the Supreme Court of Canada, arguing that unincorporated associations were sueable entities in law. | |
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Krever Commission |
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| Lead counsel to the HIV T-Group (Blood Transfused) before the federal Commission of Inquiry into the contamination of Canada’s blood supply with HIV/AIDS and hepatitis, and in related applications for judicial review through the Federal Court to the Supreme Court of Canada seeking to prevent the Commissioner from publishing his report.
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Martin v. Goldfarb and Farano Green (1998) 41 O.R. (3d) 161 (Ont. C.A) |
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| This complicated solicitors negligence/breach of fiduciary duty case arose out of a series of complex commercial transactions. Our firm successfully appealed a $9 million judgment granted in favour of the Plaintiff. On a new trial, as directed by the Ontario Court of Appeal, our firm was successful in having the Plaintiff’s action dismissed in its entirety.
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Mortimer v. Cameron [1994] 17 O.R. (3d) 1 (C.A.) |
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| The liability of the City of London was upheld by the Ontario Court of Appeal and is a leading and often cited decision on the responsibility of a public authority. In this matter, the City of London and property owner were found liable to a quadriplegic Plaintiff who had fallen down stairs improperly constructed by the owner and approved by the City of London. The Plaintiff was awarded $5.5 million for damages plus solicitor and client costs. |
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Olivieri v. Commission of the European Communities et al |
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| Counsel to Dr. Nancy F. Olivieri, a clinical researcher and scientist, in a precedent-setting application for judicial review before the European Court of Justice to challenge the licensing of deferiprone in Europe as based on inaccurate and incomplete information from the manufacturer, Apotex Inc.
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Osborne v. County of Bruce [1999] 39 M.V.R. (3d) 159 |
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| In this case against a municipality, a substantial judgment of $8.3 million for a catastrophically injured plaintiff was awarded due to inadequate road construction signage and repair and maintenance.
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| SHIBLEY V. ST. JOSEPH’S HEALTH CENTRE et al 2003 WL 23181927 (Ont. S.C.J.), 2003 Carswell Ont 5576 (appeal of arbitral decision), [2004] O.J. No. 470 (costs ruling), [2004] O.J. 952 (disposition re leave to appeal) |
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| The firm represented the Plaintiffs in this compromised baby medical malpractice case. Liability was eventually admitted for the birth trauma and all resultant damages were agreed to except for the cost of guardianship. This issue was the subject of a four-week arbitration resulting in an award for guardianship of approximately $1.1 million, bringing the total judgment for the Plaintiffs, to approximately $6.85 million.
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Thomas v. Bell Helmets (1996) O.J. No. 1395; (1999) O.J. No. 4293 (Ont.C.A.) |
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| In this significant products liability case, a damage award of $11.6 million was held to be the 25% responsibility of Bell Helmets. This decision was the first adverse verdict against Bell Helmets in 35 years of defending its product and was upheld by the Ontario Court of Appeal.
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Vytlingam (Litigation Guardian of) v. Farmer (2005), 76 O.R. (3d) 1 (C.A.), leave to appeal granted [2005] S.C.C.A. No. 376 (S.C.C.) |
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| In this highly-publicized incident a Canadian teenager sustained catastrophic injuries when a boulder launched off a highway overpass tore through his windshield. The case raises issues of national importance relevant to consumers and the insurance industry alike and will be heard by the Supreme Court of Canada in the winter of 2006. | |
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