Shah v. Loblaw Companies Ltd, 2015 ONSC 5987

Released October 6, 2015 | Full Decision [CanLII]

Following his slip and fall at a Loblaw store in 2012, the Plaintiff moved to India.  The Defendants brought a motion for security for costs.  In response, the plaintiff obtained a Legal Protection Certificate and Indemnity Agreement, and argued that it was sufficient security for the defendants.  The Court rejected this argument because the policy contained a number of exclusions, which would make the cost protection invalid. For example, if the plaintiff were to reject his own counsel’s recommendation to accept an offer to settle or if he chose to represent himself at trial, the exclusions would apply.  The defendants did not have control over the policy or terms, and therefore may not have any security in the event of an adverse cost award against the plaintiff.

Read the full decision on CanLII

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Jan received her Bachelor of Arts (Honors) in Development Studies from Huron University College at the University of Western Ontario in 2005 and her J.D. from Western's Law School in 2009. While attending law school, Jan volunteered with the school's Community Legal Clinic and Pro-Bono Students Canada. She also participated in an international exchange program at ESADE in Barcelona where she studied both International and European Union law.

Before joining Gluckstein Personal Injury Lawyers, Jan completed her articles at a prominent personal injury firm. She was called to the bar in June 2010.

Jan's personal injury practice is dedicated to medical negligence.

When not practicing law, Jan enjoys travelling, playing soccer and volleyball.