Decisions
At Pollack Tsimerman, we’re not just lawyers, we’re litigators. We have some of the leading decisions in the areas of personal injury and insurance defence. So, if your case needs to go to court, you have the right lawyers in your corner
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Decisions
Filtering by: Accident Lawyer
Sun v. Ferreira, 2021 ONSC 811
Successfully defended against a motion for leave to appeal a Summary Judgment decision based on the limitation period.
Sun v. Ferreira, 2020 ONSC 4316
Successfully defended against a motion for Summary Judgment to have a personal injury claim dismissed based on the limitation period.
Taylor v. Durkee, 2020 ONSC 737
Successfully defended against an appeal to overturn a decision that the Plaintiff did not meet the statutory threshold required to be awarded damages for pain and suffering.
Paksa v. Ontario Gymnastics, 2019 ONSC 7019
Argued a motion for Summary Judgment based on a signed waiver of liability in a gymnastics facility.
Jamieson v. Kapashesit, 2019 ONSC 2831
Argued on behalf of the Defendant for costs after a successful jury verdict.
Bonello v Gores Landing Marina (1986) Limited, 2019 ONCA 127
Successfully defended one of the third parties at the Court of Appeal with respect to the appeal of orders dismissing the action against them and awarding them costs.
Taylor v. Durkee, 2018 ONSC 7203
Successfully argued that a Plaintiff did not meet the statutory threshold required in order to receive damages for pain and suffering.
Jamieson v. Kapashesit, 2018 ONSC 7147
Successfully defended an in-trial motion regarding the defence’s ability to argue an unavoidable accident when not specifically plead in a pleading.
Seyom v TTC, 2018 ONSC 6848
Case outlining the standard of care that a bus driver owes passengers riding on the bus
Isacov v Schwartzberg, 2018 ONSC 5933
Successfully obtained an Order requiring the Plaintiff to produce her social media profiles
Jones v Doe et al., 2018 ONSC 4780
Defended against plaintiff motion to substitute named Defendant for defenant, John Doe and adding insurer post-limitation period
Bonello v Gores Landing Marina (1986) Limited, 2018 ONSC 3187
Successfully obtained a significant cost award on behalf of one of the third parties after obtaining an order on summary judgment dismissing the action against them.
Bonello v Gores Landing Marina (1986) Limited, 2018 ONSC 2237
Successfully argued a motion for summary judgment to dismiss an action against one of the third parties.
Rososhansky v Williams, 2018 ONSC 1964
Successfully obtained an Order for costs at pre-trial where Defendant took the position that there was “zero chance” of financial liability at trial because the plaintiff does not meet threshold.
Taylor v. Durkee, 2018 ONSC 489
Successfully argued that opposing counsel’s comments during a closing argument were inappropriate and required a correcting instruction from the trial judge.
Taylor v. Durkee, 2018 ONSC 7357
Defended against Plaintiff’s motion during trial to have Defence expert excluded.
Taylor v. Durkee, 2017 ONSC 7358
Argued on behalf of the Defendant the admissibility of surveillance during trial.
Boudreau v TMS Lighting LTD., 2017 ONSC 6188 (CanlII)
Successfully argued at the Social Benefits Tribunal for ODSP on behalf of a client who was previously denied.
Lawrence v Sugar Daddys, 2017 ONSC 3741
Successfully obtained an Order for damages in the amount of $21,763 on behalf of a Plaintiff who had been assaulted at a club.
Powell v Maisuria, 2017 ONSC 2833
Defended against plaintiff motion to transfer the action to Toronto
Powell v Maisuria, 2017 ONSC 2278
Defended against plaintiff motion to transfer the action to Toronto
Min v Perera, 2016 ONSC 7620
Defended against plaintiff motion to set aside notings in default
Jugmohan v Royle, 2016 ONCA 827
Successfully defended jury award of zero damages based on plaintiff’s action for damages sustained in a car accident at Ontario Court of Appeal
Valentine v Rodriguez-Elizalde, 2016 ONSC 6395
Awarded $172,000 in costs following successful trial decision
Huang v Cardoso, 2016 ONSC 4543
Defended against plaintiff motion to add Defendant as a proper party to the action post-limitation period
Valentine v Rodriguez-Elizalde, 2016 ONSC 3540
Successfully argued at trial that plaintiff met threshold and exceeded statutory deductible
Candito v Nmezi, 2016 ONCA 293
Successfully defended coverage issue at the Ontario Court of Appeal
Fennell v Deol, 2016 ONCA 249
Successfully defended Crossclaim against third party; discoverability applies to claims for contribution and indemnity
Stechyshyn v Domljanovic, 2015 ONCA 889
Defended Decision of Motions Judge who opined that the plaintiff’s claim was statute barred due to expiry of the limitation period
Stechyshyn v Domljanovic, 2015 ONSC 3289
Successfully argued on motion for summary judgment that the plaintiff claim was statute-barred due to the expiry of the limitation period
Ghadghoni v 621198 Ontario Onc., 2015 ONSC 5132
Successfully obtained Order requiring Plaintiff to compel facebook pictures and videos
Beader v Evans, 2014 ONCA 648
Defended the Plaintiff at the Court of Appeal with respect to the appeal of a favourable costs award made at the end of a lengthy jury trial.
Bernardo v Faroqi, 2014 ONSC 377
Defendant against plaintiff motion to extend time for service of a Statement of Claim