We believe that a law firm is best judged by the cases it has undertaken and the results obtained. The sample of cases below which Adair Barristers’ lawyers have litigated to judgment and/or conclusion upon appeal demonstrate our capabilities, the range of our experience and the results we achieve for clients.

 

Longo v. McLaren

2014 Ontario Court of Appeal

John Adair successfully represented the plaintiffs in this appeal from a Superior Court decision dismissing the plaintiffs' claim. John satisfied the Court of Appeal that the plaintiffs had not missed a limitation period and that the summary judgment motion judge erred in finding that they had. The Court allowed the appeal and awarded costs to the plaintiffs.

Bennett v. Islamic Republic of Iran

[2012] O.J. No. 5096 (S.C.J.) and [2013] O.J. No. 4122 (S.C.J.)

John Adair, Gord McGuire and Khalid Janmohamed represent the plaintiffs in an action to enforce a judgment against Iran for supporting terrorism. Our firm obtained a Mareva injunction against Iran, the first injunctive relief ever in Canada against a foreign state and the first such use of the new Justice for Victims of Terrorism Act. We also successfully obtained a Mareva injunction over Iran’s diplomatic property, a matter involving complex issues of international law.

Chapman v. Benefit Plan Administrators Limited

[2013] O.J. No. 3035 (S.C.J.)

Adair Barristers acts for the representative plaintiff Brian Chapman in this pensioners’ class action which was recently certified against defendant trustees, administrators and actuaries alleged to have been negligent in the administration of the Eastern Canada Car Carriers Pension Plan.

Onex v. American Home

[2013] O.J. No. 767 (C.A.)

Onex Corporation retained Geoff Adair who obtained judgment against Chartis (formerly American Home) for $15 million USD plus costs for failure to honour coverage under a directors’ and officers’ liability insurance policy. The Ontario Court of Appeal allowed an appeal, remitting the matter to the trial court. Onex Corporation through Adair Barristers has applied for the leave to appeal to the Supreme Court of Canada.

Canadian Premier Life Insurance Co. v. Sears Canada Inc.

2010 O.N.S.C. 3834

Geoff Adair and John Adair acted for Canadian Premier Life Insurance Company in this complex contractual dispute with Sears Canada Inc. over the ownership of a valuable “book of business”. The decision cited above was at the time one of the leading cases in Ontario on then recent rule changes governing summary judgment motions. The action was ultimately settled.

D.M. Drugs v. Bywater

[2013] O.J. No. 2486 (C.A.)

Geoff Adair was retained by trial counsel for several North Bay property owners to respond to an appeal by the insurer of the Parkview Hotel in a case arising out of a major fire in downtown North Bay, Ontario. Geoff and Khalid Janmohamed were successful in having the Parkview Hotel’s appeal dismissed.

Crinson v. City of Toronto

[2010] O.J. No. 216 (C.A.)

John Adair was retained by the plaintiff’s trial counsel to appeal the trial judgment dismissing the plaintiff’s claim. John successfully overturned the trial resulted and obtained judgment in favour of the plaintiff. This was the first appellate case to consider new notice provisions in Ontario’s Municipal Act.

Coventree Inc. Lloyd’s Syndicate

[2012] O.J. No. 2287 (C.A.)

Geoff Adair and Jennifer King acted for Coventree Inc. in obtaining judgment for $5 million against the insurer for failure to pay the amount owing to the firm’s client under a directors’ and officers’ liability insurance policy. The insurer appealed to the Ontario Court of Appeal. Adair Barristers successfully obtained a dismissal of the appeal and a dismissal of the insurer’s further attempt to seek leave to appeal to the Supreme Court of Canada.

Grenville Christian College v. Cavanaugh

[2012] O. J. No. 2293 (S.C.J.)

Adair Barristers acted for Grenville Christian College in defending this $400 million class action brought on behalf of former students. Certification was denied bringing an effective end to the proceeding as a class action. The prospective representative plaintiffs have appealed.

John Doe v. Bennett

[2004] 1 S.C.R. 436

Geoff Adair acted for the appellant Roman Catholic Episcopal Corporation of St. George’s in this significant case addressing the issue of vicarious liability for intentional torts and the responsibility of an unincorporated association (the Roman Catholic Church) for such wrongs.

Vytlingam v. Citadel

[2007] 3 S.C.R. 373 (S.C.C.)

Geoff Adair acted for the appellant Citadel Assurance Company in successfully appealing this matter to the Supreme Court of Canada. The appeal resulted in a landmark decision establishing the ambit of use and operation of a motor vehicle as defined in all insurance policies.

Notable Cases

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