On January 17, 2017, the applicant drove to a hospital, parked his car, and exited the vehicle. As he was walking from his car, he slipped on ice in the parking lot.
Nick Smith
Nick first joined Oatley Vigmond as a law student, and later an articling student, prior to joining the team as an associate lawyer. He has a Law Degree from the University of Kent, a Master of Laws from Osgoode Hall Law School, as well as an undergraduate degree in Political Studies from Queen’s University.
Nick is interested in ensuring that clients are provided with the support and advice they require during the litigation process. People who have suffered through the trauma of a serious personal injury are already in a position of vulnerability, and Nick is committed to helping them through this difficult process. Specifically, Nick seeks to help right the balance in an insurance system that is becoming increasingly antagonistic toward injured individuals.
Khan v. Krylov & Company, 2019 ONSC 2714
This was a costs endorsement arising from a successful summary judgment motion brought by the defendants Krylov & Company and Devry Smith Frank LLP.
Liu v. The Personal Insurance Company 2019 ONCA 104
Full Decision Counsel for the Appellant Linda Sue Pearce: Jeffrey R. LeRoyCounsel for the Respondent Shayne Berwick: Brian Cameron Counsel for the Respondent The Personal: Louis Covens Counsel for the Respondent Ruo Hang Liu: Luke Hamer Heard by: Justice David H. Doherty Justice Janet M. Simmons Justice Gladys I. Pardu This was an appeal from the Order of Justice Phillip …
Sabadash v. State Farm et al. 2019 ONSC 1121
Full Decision Counsel for the Applicant: Gregory Gilhooly Counsel for the Respondent State Farm: Todd McCarthy Counsel for the Respondent FSCO: Martina Aswani Heard by: Justice Julie A. Thorburn Justice Katherine E. Swinton Justice Jill M. Copeland Justice Jill M. Copeland This was a judicial review of the decision of Director’s Delegate Evans with respect to an entitlement to Income Replacement Benefits. The …
Surani v. Perth Insurance Company, 2018 ONSC 7254
This was an appeal of a decision by FSCO Director’s Delegate David Evans regarding the deductibility of post-collision income from the applicant’s income replacement benefits.
Mark v. Durham Children’s Aid Society, 2018 ONSC 5468
This was a decision involving two motions brought by the defendants Durham Children’s Aid Society (“Durham CAS”) and Hawk Residential Care and Treatment Homes Inc. (“Hawk Homes”) pursuant to Rule 21.01(1)(b) to strike the plaintiff’s Statement of Claim as failing to disclose a reasonable cause of action
