Chris Reil served as co-counsel defending the insurer in this arson claim, satisfying the court that the fire in question was incendiary and had been arranged by the insured. The court found the insured's failure to deliver a proof of loss was fatal to his claim, rendering him not entitled to relief. The action was dismissed.
In this dispute between two insurers arguing over which was responsible for providing primary coverage for damages arising from a serious motor vehicle accident, Chris Reil acted as co-counsel for the defendant insurer—and helped lead the case to successful dismissal.
Our firm served as lead counsel on this case seeking the dismissal of various claims and a declaration that the plaintiffs' had commenced numerous actions alleging issues that had already been decided. We were successful in having the plaintiffs declared vexatious litigants and therefore unable to commence any new actions without prior court approval.
Our firm successfully defended our client in this motor vehicle jury trial where it was found that our client did not cause or contribute to the plaintiff's injuries.
This action involved a fire loss of the plaintiff's hotel and the alleged failure of the insurer to pay indemnity in circumstances where it would be liable for bad faith and thus consequential damages. The action was dismissed against the insurer on the facts and upheld by the Court of Appeal. This is a leading decision dealing with the circumstances when consequential damages might be payable by an insurer for breach of an insurance policy and the circumstances under which a bad faith claim may succeed.
Following a successful defence of this school liability case before a jury in 1998, our firm was the respondent at the Court of Appeal where the Appellant Court found no errors on the part of the Trial Judge and dismissed the Appeal with costs.
Our firm defended the insurer in a case brought by the insured for payment of the proceeds of a property damage policy and business interruption insurance policy.
Our firm successfully appealed a Court of Appeal decision to the Supreme Court of Canada on the “use and operation” of a motor vehicle that arose out of an unusual hunting accident.
Our firm defended a case involving an injury at a Home Depot Store. Although the plaintiff was successful in her claim on liability, we were able to defeat the claims for past loss of income and a substantial future loss of income.
Kelly Hart successfully defended at trial the Township of Champlain against allegations of negligent building inspection stemming from work undertaken 20 years earlier.