Lerners Appellant Advocacy lawyers represent State Farm, as underinsurance provider, in this group of appeals arising out of a trial of a motor vehicle accident claim (2017 ONSC 4610; 2019 ONSC 525). On behalf of State Farm, Lerners is advancing an appeal regarding the correct interpretation of the OPCF 44R Family Protection Coverage Endorsement as ...

2018 ONCA 125; Lerners acted for the respondent physicians who obtained summary judgment dismissing the appellant’s claims based on alleged medical negligence. The Court of Appeal dismissed the appeal, noting that the respondents had provided expert opinion evidence supporting that they had met the standard of care, and the appellant had chosen not to cross-examine the ...

Lerners Appellate Advocacy lawyers were retained by the Respondents in an appeal from a commercial arbitration award. In this case involving the valuation of commercial fishing and fish processing businesses, the Appellants raised issues regarding procedural fairness in the arbitration proceedings, the correct legal approach to selecting valuation dates, and the sufficiency of the arbitrator’s ...

Lerners' lawyers represented State Farm in this proceeding involving a motor vehicle accident fatality in which State Farm was the insurer of the motor vehicle involved. Following a successful summary judgment motion resulting in the dismissal of the Plaintiffs’ claim (2016 ONSC 3617), Lerners represented State Farm at the Court of Appeal for Ontario which ...

Lerners acted for the appellant in this appeal of a judge’s decision on a summary judgment motion that Gore’s insured did not fail to cooperate in her defence and therefore was not in breach of her auto insurance policy. The judge also held that, even if the policy was breached, the owner of the vehicle ...

Lerners is acting for the appellants, a property owner and condo corporation, who are appealing the trial decision dismissing their actions against the defendant plumbing company, which was alleged to have negligently caused a fire that burned down a heritage mansion. Lerners is also acting for the respondents by cross-appeal on the issue of damages, ...

Lerners acted for the respondent, the wife in a family law arbitration, in successfully resisting the husband’s appeal of an arbitral award granting the wife’s motion to set aside a settlement agreement.

Lerners Appellate Advocacy lawyers were successful in obtaining leave to appeal a judgment of the Court of Appeal for Ontario to the Supreme Court of Canada in this class action case involving business losses and reputational harm suffered by Mr. Sub franchisees in the wake of the 2008 Maple Leaf Foods listeriosis outbreak. The Supreme ...

Lerners acted for the intervener, the Canadian Civil Liberties Association, in this appeal before the Supreme Court of Canada and before the Court of Appeal for Ontario. The matter concerned the Canada Elections Act, which prohibits voting for non-resident Canadian citizens who have lived abroad for more than five years. The Court of Appeal held that this ...

Lerners acts for the appellant, having successfully obtained leave to appeal to the Supreme Court of Canada. The matter originates from a Law Society Appeal Panel finding of professional misconduct during a trial. That finding was affirmed by the Divisional Court. A majority of the Court of Appeal dismissed the further appeal, finding that the ...

Lerners acted for the respondent (plaintiff) who was seriously injured following the theft of a car from an auto repair garage. The plaintiff successfully obtained judgment against the garage at trial. The Court of Appeal unanimously held that the trial judge had not erred in finding the garage owed the plaintiff a duty of care ...

Lerners acts for the appellant regarding the dismissal at trial of claims for defamation, intentional infliction of mental suffering, aggravated damages, punitive damages, and bad faith in the manner of termination.

Lerners acts for the respondents, the Durham Regional Police Service (DRPS) defendants, in this action arising out of a murder investigation. In addition to the police, the plaintiff sued individual Crown Attorneys who allegedly gave advice to the police regarding the conduct of the investigation. The Crown Attorney’s motion to strike the plaintiff’s claim against ...

Court File No. 600/16 (Appeal to the Divisional Court); Lerners is acting for the appellants, Li Fan Zhang and Yan Liu, who are appealing a Small Claims Court decision ordering them to pay damages in connection with real estate commissions that were allegedly owed to the respondent pursuant to a Buyer Representation Agreement (“BRA”). At issue ...

2017 ONSC 5718 and 2018 ONCA 452 Lerners acted for the appellants, Mori-Vines Inc. and Mori Essex Nurseries Inc., who appealed a motion judge’s order that the respondent insurer owes no duty under the appellants’ insurer policy to defend them against a third party claim.

2016 ONSC 7830 and 2018 ONCA 499; Lerners acted for the respondents, the Corporation of the City of Barrie and Heritage Park Place (Barrie) Inc., which it previously represented at trial in this action alleging a breach of the Occupier’s Liability Act, R.S.O. 1990 c.0.2 in connection with a snow slide at a winter festival. ...