Ben Irantalab

Ben Irantalab

Ben enjoys the complexities of personal injury litigation. But what attracts him most to represent seriously injured people is the satisfaction that he receives from helping clients achieve the best possible outcome during their most difficult times. Ben’s practice is exclusively devoted to motor vehicle collisions, occupiers’ liability, accident benefits, product liability, medical malpractice, and wrongful death. For Ben, the cases that require special creativity and thinking outside the box are most gratifying.

In his spare time, Ben enjoys travelling, playing soccer, swimming, and playing backgammon. Ben also speaks Farsi.

Perth Insurance Company v. Salim Surani, 2017 CarswellOnt 13620 (FSCO Appeal Decision)

Rawsthorne v. Marotta, 2017 ONSC 2182

Discoverability is triggered when the plaintiff knows that some damage has occurred and she has identified the specific tortfeasor who caused the damage. Knowledge of the damage alone does not trigger the limitation period.

Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7

An insurer cannot rely on its specialized knowledge of jurisprudence to advance an interpretation of the policy that goes beyond the clear words of the policy as understood by an average person.

Woodhouse v. Snow Valley Resorts (1987) Ltd., 2017 ONSC 222

Where a service provider relies on the waiver clause of a consumer agreement, and the consumer agreement contains terms that are void by operation of the Consumer Protection Act, the service provider bears the onus to persuade the court that it would be inequitable not to bind the Plaintiff to all or some portions of the consumer agreement, including its waiver clause.

Kabutangana v. Coachman Insurance Co., 2016 ONSC 6330

Watkins v. Western Assurance Co., 2016 ONSC 2574

Accident Benefits Insurer’s failure to provide an Explanation of Benefits to a dependent of a policyholder who may have been entitled to accident benefits does not stop the time requirement of that dependant to apply for accident benefits within the statutory timelines and commence an action within the two-year limitation period