Charney Lawyers represents individual clients, small to medium sized businesses, professionals, employers and institutions. Whether we are acting for an individual or an institution, we are dedicated to providing all of our clients with the highest quality of legal services and representation.
Our lawyers are experienced in many areas of law. Known for our versatility, we offer a diverse range of services including Personal Injury, Class Proceedings, Commercial Litigation, Insurance Defence, Employment Law, Medical Malpractice, Food Borne Illness, Construction Law and Appeals.
Charney Lawyers also litigates complex, high stakes cases in numerous practice areas. Many have received media attention and a significant number of these cases have been precedent setting.
Charney Lawyers has an established reputation for excellence in advocacy. When you retain our firm, your adversary knows that you have tough, effective counsel on your side.
August 21, 2013 - Falling Glass Cases Certified as Class Actions
His Honour, Justice Belobaba, certified three falling glass cases to proceed as Class Actions today. The cases involve defective glass panelling which was installed at the Festival Tower, Murano Towers and One Bedford condominium buildings in Toronto.
Charney Lawyers is class counsel along with Sutts, Strosberg LLP.
July 26, 2013 - Kingston Road Class Action Settlement Approved
The Superior Court has approved the settlement of this Class Action for $5.5-$6 million dollars. Approximately 400 residents of this condominium complex were displaced for three months, as a result of an electrical explosion.
Every person who resided in the complex at the time of the explosion will receive $4,500 for loss of use and enjoyment of their residence, and will also recover out-of-pocket expenses, deductibles, lost income, compensation for diminished resale value of their unit(s), and compensation for emotional upset and minor physical injuries. There is also a fund to compensate for serious psychological and physical injuries. The insurance companies involved will also recover a substantial part of the funds paid to their customers.
In approving the settlement, the Judge found the settlement "to be fair and reasonable and very much in the best interest of the Class".
Click here for Press Release July 30, 2013
July 19, 2013 - Gonzalez v. IBM
Charney Lawyers is counsel for Sandra Gonzalez in an employment matter before the Ontario Labour Relations Board. Ms. Gonzalez was terminated from her position while on maternity leave after IBM Canada Ltd. purchased her employer, Algorithmics Inc.
July 10, 2013- IQT Solutions Class Action
The certification motion in this class action is scheduled for September 24 and 25, 2013 before Justice Perell in Toronto, Ontario.
An Amended Statement of Claim has recently been filed with the court.
June 27, 2013- Sunrise Propane Class Action
Today, Justice Chapin found that Sunrise Propane Energy Group Inc. and two company managers breached several environmental and worker safety regulations. The court also found that the TSSA failed to enforce an order instructing Sunrise to stop truck-to-truck transfers.
Charney Lawyers is counsel in the Class Action lawsuit against Sunrise and the TSSA.
In the News
"Sunrise found guilty in massive 2008 Toronto Explosion" The Toronto Star, June 27, 2013
June 27, 2013- Kingston Road Class Action
This matter has now been settled pending court approval. Today, the Ontario Superior Court has ordered that a settlement approval hearing will be heard on Friday, July 26, 2013, at 10A.M. at Osgoode Hall, 130 Queen Street W. in Toronto.
June 11, 2013- VIA Rail Train Derailment Class Action
Today, the Transportation and Safety Board released a report revealing their investigations and recommendations in to the Via Rail Train Derailment, which occurred on February 26, 2012.
In the News
June 11, 2013 - Nakhuda v. Story Book Farms
The trial in Nakhuda v. Story Book Farms wrapped up today in the Superior Court in Oshawa after 4 days of submissions and testimony, which began on May 30, 2013. The judge has reserved her decision.
In the News
"Fate of Ikea monkey in hands of judge." June 12, 2013
"Ikea monkey's fate now in judge's hands." June 11, 2013
June 10, 2013- Lost USB Key Class Action
According to CBC News, Human Resources and Skills Development Canada was alerted to several security concerns months before the breaches occurred which led to this class action.
In the News
June 10, 2013 - Nakhuda v. Story Book Farms
The trial in Nakhuda v. Story Book Farms resumes today and is set to end tomorrow in the Superior Court in Oshawa. The trial began on May 30, 2013. Ted Charney and Andrew Eckart are counsel for the plaintiff, Yasmin Nakhuda.
In the News
"Ikea monkey trial set to wrap up Tuesday." June 11, 2013
June 3, 2013- Cyber Risk & Privacy Law Forum
On June 7, 2013, Ted Charney will be speaking at the NetDiligence® Cyber Risk & Privacy Liability Forum.
May 30, 2013 - Nakhuda v. Story Book Farms
The trial in Nakhuda v. Story Book Farms begins in the Superior Court in Oshawa. The trial will resume on June 10 and June 11, 2013. Ted Charney and Andrew Eckart are counsel for the plaintiff.
In the News
"IKEA monkey case about property." May 31, 2013
April 29, 2013- Sunrise Propane Class Action
The Divisional Court heard the motion for leave to appeal the certification order in the Sunrise Propane Class Action on April 17, April 19, and April 29, 2013. The plaintiffs and the the defendant landlords have sought leave to appeal to the Divisional Court. Ted Charney and Ryan Lake represented the plaintiffs. The decision is under reserve.
Factum of the Moving Party. April 8, 213
April 29, 2013 - IQT Class Action
The Ontario Labour Relations Board has released a series of decisions with respect to the claims against David and Alex Mortman for outstanding wages and vacation pay owed to the former employees of IQT, Ltd.
Charney Lawyers has commenced a Class Action against the Mortmans, as well as others, arising from the sudden closure of IQT, Ltd.'s call centre in Oshawa in July of 2011, which left hundreds suddenly and unexpectedly unemployed.
April 10, 2013 - Student Loans Class Action
In the News
April 9, 2013 - Nakhuda v. Story Book Farms
Dates for the trial seeking the recovery of Darwin, the IKEA monkey have been finalized. The trial will proceed at the Ontario Superior Court of Justice in Oshawa on May 30, 31, and June 10 and 11, 2013. Charney Lawyers represents the plaintiff, Yasmin Nakhuda.
March 14, 2013 - Montfort Hospital Class Action
Today, Charney Lawyers and Sutts, Strosberg LLP commenced a class action lawsuit against Montfort Hospital on behalf of all persons whose information was transferred onto an unsecured USB key and lost.
March 7, 2013 - Montfort Hospital Class Action
On January 11, 2013, Montfort Hospital in Ottawa announced that certain
confidential personal information of 25,000 Montfort Hospital patients
was transferred onto an unsecure electronic storage device, (known as a
USB key) and lost.
Charney Lawyers and Sutts, Strosberg LLP intend to commence a proposed class action against Montfort Hospital on behalf of all persons whose information was transferred onto an unsecure USB key and lost.
In the News
Law firms gear up for class-action against Montfort over personal data loss. Ottawa Citizen, March 7, 2013
February 26, 2013 - VIA Rail Train Derailment Class Action
In the wake of the VIA Rail train derailment, the Transportation Safety Board of Canada (TSB) has recommended banning the use of slow speed crossovers on routes used by high-speed passenger trains. Transport Canada has rejected this safety recommendation. VIA Rail has confirmed that it will be installing voice recorders in all VIA trains by 2014.
CBC News has learned that CN had rejected suggestions to have the crossover replaced prior to the accident because there was no money to do so.
In the last 2,100 trips, VIA Rail passenger trains have used the crossover only 13 times.
In the News
"Transport Canada rejects safety recommendation after train derailment: TSB" Global News, February 25, 2013.
"Fatal VIA crash could have been avoided, ex-CN supervisor says" CBC News, February 26, 2013.
"In-cab recorders urged on anniversary of Burlington VIA derailment" CityNews Toronto. February 25, 2013.
"Train operators, track signals probed in fatal Burlington derailment" The Toronto Star. February 25, 2013.
"VIA Rail derailment still haunts passengers" CBC News. February 25, 2013.
February 25, 2013 – USB Key Class Action
The Office of the Privacy Commissioner of Canada has expanded the scope of its investigation into the loss of a USB storage device to include the Department of Justice Canada. The Privacy Commissioner has found that a Justice Canada employee may have been involved in the loss of the device. The USB device contains the personal information of over 5,000 Canadians who had applied for CPP Disability benefits.
In the News
"Justice Department investigated for data loss" CBC/The Canadian Press. February 25, 2013.
"Sensitive info in whose hands?" The New Glasgow News. February 25, 2013.
"Privacy watchdog's probe of data breach widens to second federal department" canada.com. February 25, 2013.
"Privacy watchdog expands probe over lost USB key to include justice department" The Toronto Star. February 25, 2013.
"Missing CPP applicants information investigation expands to Department of Jutice." Global News. February 25, 2013.
February 8, 2013 - Superior Court questions jurisdiction of Masters to order future care cost assessments and clarifies law on the availability of defence future care cost/vocational assessments in personal injury cases.
Ted Charney and Andrew Eckart acted for the plaintiffs.
February 7, 2013 - Ford Privacy Breach Class Action
Class Action launched on behalf of 10,000 employees, against Ford Motor Company by Sutts Strosberg and the Charney Group. It is alleged that Ford violated privacy laws by transferring the personal information of its employees to a third party web site where anyone could access the data. To register go to www.fordprivacyclassaction.com.
In the News
"Class Action lawsuit filed against Ford Motor Company". CTV News, February 1, 2013.
"Class Action Lawsuit" AM800 cklw-the information station, February 1, 2013.
"Lawsuit filed over web posting Ford employees' private information". The Windsor Star. February 1, 2013.
February 4, 2013 – USB Key Class Action
A class action has been commenced against the Government of Canada for losing the confidential personal information of 5000 applicants for Canada Pension Plan disability benefits, old age security benefits, employment insurance, child care tax credits and other benefits. The law firms of Sutts Strosberg, Branch McMaster, Bob Buckingham and the Charney Group are working together. To register go to: www.lostusbkeyclassaction.com.
In the News
"Concern mounts among those affected by federal government privacy breach". The Star. December 29, 2012.
February 1, 2013 - Nakhuda v. Story Book Farms
Judge rules that Darwin must stay at Story Book Farm until trial.
In the News
"Ikea Monkey to stay at sanctuary while ownership is decided." Toronto Sun. February 1, 2013.
"Ikea monkey to stay at primate sanctuary while 'mom' fights for his return." Times Colonist. February 1, 2013.
"Ikea monkey to stay at sanctuary for now, court rules." TheStar.com. February 1, 2013.
"Ikea monkey needs to bid 'mom' adieu, as Superior Court rules he will stay at animal sanctuary." National Post, February 1, 2013.
"Ikea monkey to stay in primate sanctuary while bitter custody battle with his 'mom' is decided" Mail Online. February 1, 2013.
"Ikea monkey to stay at primate sanctuary while 'mom' fights for his return." Macleans. February 1, 2013.
"Ikea monkey to stay at primate sanctuary, judge rules." GlobalNews. February 1, 2013.
"No 'family' reunion for Ikea monkey during court fight, judge rules". CTVNews. February 1, 2013.
"Ikea monkey to stay at sanctuary, judge rules". CP24 News. February 1, 2013.
Click here for interview with Ted Charney, Courtesy of Global News.February 1, 2013
Click here for interview with Ted Charney, Courtesy of CTV News, February 1, 2013.
Click here for interview with Ted Charney, Courtesy of Allison Jones, The Canadian Press.
Click here for interview with Ted Charney. Courtesy of City News. February 1, 2013.
January 31- February 1, 2013- Nakhuda v. Story Book Farms
Ted Charney and Andrew Eckart represented the plaintiff Yasmin Nakhuda on a motion for interim recovery of Darwin the IKEA monkey. The judge dismissed the motion but expedited the trial, which may be proceed as early as April 2013 and no later than May.
In the News
"Ikea monkey lawsuit: Darwin's former owner returns to court." thespec.com. January 31, 2013.
"'The officer basically tricked me:' Ikea monkey's owner says she was badgered into signing over custody of Darwin" National Post, January 31, 2013.
"Ikea monkey lawsuit: Darwin's former owner returns to court". The Star, January 31, 2013.
"Ikea 'monkey mom' says she was tricked into surrendering pet to animal services". Ottawa Citizen, January 31, 2013.
"Custody battle for Ikea monkey resumes in Oshawa courtroom" myKawartha.com, January 31, 2013.
January 18, 2013 - The Charney Practice Group has commenced a national class action against the Government of Canada to secure recovery for approximately 583,000 students whose personal information was stored on an external hard drive which was lost by the Ministry of Human Resources and Skills Development on or about November 5, 2012.
In the News
"HRSCD privacy breach letters sent to wrong people" CBC News, February 8, 2013
"HRSDC faces critcism for handling of student loan privacy breach", Canadian University Press. January 31, 2013.
"New class action over Ottawa's data breach." Winnipeg Free Press, January 19, 2013.
"Federal Government faces third class-action lawsuit over privacy breach." CTV News, January 18, 2013.
"Feds face 3rd class-action lawsuit over privacy breach." Global Regina, January 18, 2013.
"Third lawsuit filed over privacy breach." Metro, January 18, 2013.
"Ottawa face third class-action lawsuit over loan privacy breach." Globe and Mail, January 18, 2013.
January 17, 2013 - Nakhuda v. Story Book Farms
Ted Charney cross-examined Animal Control Officers, David Behan and Joseph Fiorillo. The court also releases the ruling of Justice Brown.
In the News
"Lawyer for Ikea monkey's owner denies claims from sanctuary the animal was abused." The National Post, January 21, 2013.
January 14, 2013 - Yasmin Nakhuda and Ted Charney speak to Global News about allegations the Darwin (the IKEA Monkey) was abused. Prominent journalists support Ms. Nakhuda.
Click here for interview with Ted Charney. Courtesy of Global News. January 14, 2013.
"George Jonas: Lessons in Ikea primate care, courtesy of a surrealist Rosedale ocelot." The National Post, January 4, 2013.
"Let the Ikea monkey go home". Macleans, January 3, 2013
2012 Year in Review
Charney Lawyers started out the year by settling the litigation over the estate of the late Norval Morriseau, Canada’s most famous Aboriginal artist.
Two of our class actions were certified in 2012-Sunrise Propane and the Via Rail train derailment.
We commenced four new class actions against condominium developers in Toronto, prompting Toronto Life (cover story, July, 2012 edition) and many other publications to feature the issue of falling glass at Condos across the city as a major news story of the year.
We secured a number of precedent setting decisions in cases on behalf of our clients initiated against Toyota Motor Corporation, Toronto Hydro, Wawanesa Insurance Company and Via Rail (see reported cases 2012).
Two of our cases, Lundy v. Via Rail and Durling v. Sunrise Propane, set the guidelines in class actions for communications between defendants and class members in the context of settlement offers and during the opt out period.
Our year concluded with a successful jury verdict for Cooperators Insurance Company, followed by a busy holiday season representing the owner of Darwin the Ikea Monkey in her efforts to recover her pet.
We look forward to the break!
December 27, 2012-Toyota settles sudden acceleration litigation in U.S.A.
Ted Charney speaks to CBC about the litigation.
"Toyota safety defect case settlement tops record $1 B". CBC News, December 27, 2012
In the News
"CityNews Rewind 2012:Via Rail derailment in Burlington" City News Toronto, December 25, 2012.
December 21, 2012- Nakhuda v. Story Book Farms
Court grants family generous visitation rights but decides Darwin should remain at Story Book Farm until the motion is heard on January 31, 2013.
In the News
"Darwin not an appropriate pet, expert warns. DurhamRegion.com, December 22, 2012.
"Ikea monkey to stay at sanctuary." Toronto Sun, December 21. 2012.
"Darwin the Ikea monkey won't be going home for the holidays, judge rules." The National Post, December 21, 2012.
"Ikea monkey to remain in sanctuary for now." City News, December 21, 2012.
"Ikea monkey to stay in sanctuary for holidays." CBC News, December 21, 2012.
"Ikea monkey's human 'mom' wants him home for the holidays." CTV News, December 20, 2012.
Ontario judge to reveal decision in Ikea monkey custody case on Friday." Global News, December 20, 2012.
"Judge reserves decision on fate of Ikea monkey until at least Friday." The Globe and Mail, December 20, 2012.
"Who will keep Ikea monkey Darwin over the holidays?" Huffington Post, December 20, 2012.
"Ikea monkey's Toronto owner leaves court without monkey, but with his tiny little coat." The National Post, December 20, 2012.
"Judge to make decision on Darwin the monkey." Newstalk1010, December 20, 2012.
"Toronto woman in court today in effort to get her monkey back." Ottawa Citizen, December 20, 2012.
"Ikea monkey: Judge reserves decision in custody case." Toronto Sun, December 20, 2012.
"Ontario judge reserves decision in Ikea monkey custody case until Friday." The Vancover Sun, December 20, 2012.
"Interim Ikea monkey decision due Friday; owner gets shearling coat back." Winnipeg Free Press. December 20, 2012.
"#Ikea Monkey's owner: 'We lived together as two being one'." Macleans, December 19, 2012.
"Owner of pet monkey found at Toronto Ikea holds rally in effort to get him back." 680 News, December 19, 2012.
Click here for interview with Ted Charney. Courtesy of Global News
December 14, 2012-Nakhuda v. Story Book Farms- Yasmin Nakhuda seeks a court order returning Darwin
The case is to be heard on Thursday, December 20, 2012.
Statement of Claim. December 14, 2012
In the News
"Ikea Monkey: Darwin's owner in legal battle to get him back." December 16, 2012.
"Owner of Ikea monkey will fight to get him back." December 16, 2012
"Ikea monkey's owner files court motion to get pet back." December 15, 2012.
"Court date set for Ikea monkey battle." December 15, 2012.
"Yasmin Nakhuda, Ikea Monkey Owner, Will Go To Court To Get Her Monkey Back." December 15, 2012.
Click here for interview with Ted Charney. December 20, 2012.Courtesy of CP24.
November 23, 2012 - Barrie, Ontario. The Charney Group completes a jury trial with a successful verdict.
In a head on collision involving two drivers in the westbound lane of County Road 90, the jury returned a verdict in favour of the driver going eastbound in the wrong lane. After five days of evidence including accident reconstruction experts, the jury concluded that the at-fault driver failed to stop before pulling out onto the highway from a side road. Cooperators Insurance Company was awarded $420,000 plus substantial indemnity costs for the trial.
Ted Charney and Andrew Eckart were counsel for Cooperators.
November 20, 2012 - Sunrise Propane Class Action
On November 20, 2012, the Court certifies the class action against the landlord/owners of the Sunrise Propane Facility, including Teskey Concrete,Teskey Construction, HGT Holdings and 2094528 Ontario Inc. Ted Charney and Ryan Lake were counsel for the plaintiffs.
November 8, 2012 - IQT Solutions Class Action
On Friday November 16, 2012, Justice Perell of the Ontario Superior Court of Justice in Toronto will hear a motion seeking to have the defendants produce certain financial documents. The Charney team is bringing this motion on behalf of a proposed class of all former employees of IQT in Oshawa, Ontario, who were wrongfully dismissed on July 15, 2011.
Motion Record [Part 1] September 21, 2012
Motion Record [Part 2] September 21, 2012
The Plaintiffs' Factum November 6, 2012
November 7, 2012 - Sunrise Propane Class Action
On November 7, 2012, the Court slams Wawanesa Insurance Company for improper communications with the class members. Court grants a rare order to restrain further communications with the Class. Ted Charney was counsel for the class members.
In the News
On Friday, October 19, 2012, CityTV interviewed Ted Charney on the Gardiner Expressway report.
Click here for interview. Courtesy of Citynews
October 31, 2012 - Via Rail Train Derailment Class Action
On October 31, 2012, the Court certified the class action against Via Rail Canada and CN Rail.
In the News
"Ontario court certifies Via derailment class action" November 1, 2012.
"Deadly Via Rail derailment class action lawsuit goes forward" November 1, 2012.
"Ontario court gives green light to class action over Via Derailment" November 1, 2012.
October 26, 2012- VIA Rail Train Derailment Class Action
On Friday, October 26, 2012, CBC interviewed Ted Charney on the Via Rail Derailment.
In the News
"Via Rail Ordered to Open Up to Lawsuit" July 19, 2012
October 1- October 5- Sunrise Propane Explosion Class Action
Ted Charney and Ryan Lake argued the balance of the certification motion. The decision is under reserve.
August 28, 2012- Falling Glass Class Action Lawsuits
Justice Belobaba scheduled a certification hearing for the Murano Tower, TIFF Festival Towers and One Beford Condominium falling glass cases to proceed the week of April 8-12, 2013.
July 25, 2012- Sunrise Propane Explosion Class Action
Sunrise Propane Class Action certified as a class action.
Press Release. July 25, 2012
Decision. July 23, 2012
In the News
"Court certifies class action against Sunrise Propane." July 26, 2012
July 20, 2012- VIA Rail Train Derailment Class Action
On June 29, 2012, Justice Perell ordered that VIA and CN were required to notify Class Counsel of any communications with putative class members before doing so. He also ordered that releases signed by passengers on the train should be disclosed to Class Counsel. This decision establishes new guidelines for communications between defendants and putative class members.
Click here for Decision, dated July 13, 2012
Toronto Life Magazine, July 2012 issue
"Faulty Towers." July 2012, Toronto Life Magazine
Toronto Life Magazine, July 2012 cover story features the falling glass class action lawsuits commenced by the Charney Group.
June 21, 2012- Falling Glass Class Action Lawsuits
Falling Glass Class Actions leads Ontario to pass new building code requirements for glass composite in condominiums
In the News
June 15, 2012- 2 Secord Avenue Class Action
As a result of the efforts of the Charney Group of Lawyers to determine the cause of a hydro vault explosion, which caused massive property damage and displaced hundreds of tenants for months at 2 Secord Avenue, the Globe and Mail has published an investigative piece documenting the lack of heat detectors in most hydro vaults in Toronto. The litigation in the Secord Class Action has now resulted in Toronto Hydro commencing a program to educate Landlords on the need to install heat detectors in hydro vaults to provide early notification of a potential transformer failure.
In the News
June 15, 2012- Sunrise Propane Explosion Class Action
Final argument in the Sunrise Propane trial into charges that the directors failed to follow regulations and protect workers is proceeding with the prosecutor scheduled to complete argument on August 24, 2012.
In the News
Toronto propane explosion was preventable, court hears. June 12, 2012
June 7, 2012- One Bedford Falling Glass Class Action
The Charney Group and Sutts Strosberg LLP file a class action lawsuit with respect to the falling glass at the One Bedford Condominium project. The residents have been unable to access their balconies for over a year.
May 14-18, 2012- Sunrise Propane Explosion Class Action
Ted Charney and Ryan Lake appear as counsel on the certification motion in the Sunrise Propane Explosion Class Action. The decision is expected in August.
May 8, 2012 - Stekel v. Toyota Motor Corporation
Justice Moore of the Ontario Divisional Court denied the defendant's leave to appeal from the decision finding that Toyota Motor Corporation could be added as a defendant in this lawsuit.
Click here for Decision, dated April 27, 2012
April 30, 2012 - 2 Secord Avenue Class Action
Justice Strathy of the Ontario Superior Court of Justice upheld the decision of Master Haberman in which she ordered Toronto Hydro to answer questions relating to the investigations it conducted following the explosion on July 20, 2008.
Click here for Decision, dated April 30, 2012
March 7, 2012- Falling Glass Class Actions
The Charney Group together with Sutts Strosberg LLP launch class actions relating to falling glass at the Murano and TIFF Festival Towers.
February 29, 2012- Via Rail Train Derailment
The Charney Group, along with Sutts Strosberg LLP, has filed a class action lawsuit on behalf of the victims from the Via Rail Train Derailment, which occurred on Sunday, February 26, 2012, in Burlington, Ontario.
February 16, 2012 - 2 Secord Avenue Class Action
Master Haberman released her decision granting our motion seeking answers from Toronto Hydro regarding investigations carried out by them following the explosion on July 20, 2008.
Click Here for the Decision, dated February 16, 2012
January 25, 2012 - Morriseau Family v. Gabe Vadas
The claim regarding the distribution of the estate of Norval Morrisseau, filed in BC Supreme Court by the seven children of Norval Morrisseau, has been resolved in an out of court settlement.
Click here for Press Release, dated January 25, 2012
January 13, 2012 - IQT Solutions Class Action
Raymond Chabot inc. has released its report to the creditors on the preliminary adminsitration of the estate of IQT, Ltd.
Click here for Trustee's Report to Creditors, dated January 10, 2012
December 23, 2011 - IQT Solutions Class Action
The Quebec Superior Court has approved an application declaring IQT Ltd. bankrupt. The first meeting of creditors is scheduled for January 13, 2012, in Montreal.
December 16, 2011 - Sunrise Propane Class Action
Justice Horkins declined to endorse the consent certification order proposed by the plaintiffs and approximately 20 defendants in this class action. The Charney Group is now preparing to argue certification which is scheduled to be heard on May 14 - 18, 2012.
Decision, December 16, 2011
November 1, 2011- Stekel v. Toyota Motor Corporation
The Superior Court released extensive reasons dismissing an appeal brought by Toyota Motor Corporation, the largest car manufacturer in the world. Toyota objects to being included in the lawsuit because the action was commenced outside of the limitation period.
The Court found that our client, Karen and Maurice Stekel, may include Toyota in their lawsuit. The decision provides a detailed history of the problems experienced by Toyota with sudden acceleration and provides a thorough review of the developing law of misnomer as justifying an exception to a missed limitation period. In this case, another law firm had started the claim and failed to sue Toyota within the limitation period. As usual, Toyota is seeking leave to appeal to the Divisional Court. There have been five motions and two appeals to date.
Decision. November 1, 2011
October 27-28, 2011- Sunrise Propane Class Action
Ted Charney and Michelle Kemper represented the plaintiffs on a motion to certify the Sunrise Propane Action as a Class Action. The decision is under reserve. It is expected that the Court will release a decision by year end.
October 25, 2011- Ison Auto v. Zurich Insurance Company
The Ontario Court of Appeal dismissed an appeal brought by Zurich and Chartis (AIG) Insurance, who were seeking to take over control of a lawsuit brought by Toronto Honda, a local car dealership. This decision will have implications for all consumers who sustain damages that are only partially covered by insurance and who wish to sue to recover the rest. Until now, insurers would take control of litigation so as to recover the amount that the insurer paid to their customer, leaving the customer at the mercy of their insurer, to recover the rest of their damages that were not covered by insurance. In this case, Honda had a claim for lost profits on 71 vehicles destroyed in an explosion and wanted to control the litigation to recover their damages. Now the Ontario Court of Appeal has made it clear that it is the customer-the insured, who controls the litigation, and not the insurance industry. Ted Charney and Michelle Kemper were counsel on the appeal for Honda. One of the issues was the ability or quality of counsel to litigate the claim. On this point, the Court of Appeal adopted a finding of the motions judge that “Falconer Charney and Sutts Strosberg are unquestionably qualified to act as counsel”. See Ison T Auto Sales v Zurich.
Decision, dated October 25, 2011
October 19, 2011- Ison Auto v. Zurich Insurance Company
Ted Charney and Michelle Kemper appeared in the Court of Appeal on behalf of the Respondents. The appeal was dismissed for reasons released on October 25, 2011.
October 4, 2011- Stekel v. Toyota Motor Corporation
Ted Charney and Michelle Kemper argue the appeal of the Order adding Toyota Motor Corporation as a Defendant. The appeal was brought by Toyota Motor Corporation. The Court has reserved its decision.
August 17, 2011- IQT Solutions Class Action
The Charney Practice Group has commenced a class action lawsuit on behalf of all dismissed IQT Solutions employees against the officers, directors, shareholders and affiliated companies of IQT, Ltd.
Click here for Press Release, dated August 16, 2011
July 29, 2011- Woodstock Apartment Class Action
On July 29, 2011, the law firms of Falconer Charney LLP and Sutts, Strosberg LLP commenced a class action on behalf of the residents of 168 Victoria Street South who sustained damages as a result of the explosion on March 27, 2011.
Click here for the Notice of Action, dated June 29, 2011
Click here for the Statement of Claim, dated July 29, 2011
In the News
"Explosion victims file lawsuit." August 5, 2011
June 22, 2011
The Superior Court requires insurers to pay Toronto Honda’s costs in a battle for control of litigation. The Court describes the application as “hard fought and contentious”.
May 9, 2011 – Ontario Fire Marshal Releases Report into Secord Apartment Building Explosion
In a comprehensive report into the cause of the explosion at 2 Secord Avenue, the Fire Marshal’s office found that the two transformers owned by Ontario Hydro overheated, causing mineral oil to escape from the transformers and come into contact with arching electrical conductors, creating the ignition.
The Fire Marshal found that the Hydro vault was secured by locks placed on the outside of the metal clad doors barring access to anyone other than authorized Hydro personnel. The Fire Marshal discovered that there was NO existing heat detection system within the vault. Furthermore, the Fire Marshal found that while the Hydro transformers were equipped with a heat detecting system, Hydro did not connect the transformers to the building alarm system, which would have allowed for an early warning of the overheating of the transformers.
A subsequent examination of the alarm room located directly across from the Hydro vault revealed that there had never been, nor was there present at the time of the fire, a system for monitoring the heat within the vault or the transformers. Hydro personnel were the only ones who had access to the vault.
Hydro continues to deny responsibility for the explosion.
Falconer Charney LLP and Sutts Strosberg LLP are counsel for the class members. Counsel have brought a Motion to compel Hydro to reveal the results of their own internal investigation into the explosion. Hydro refuses to produce any documents or provide any information with respect to their investigation into the explosion.
May 2, 2011- Kingston Road Class Action
Ted Charney and Jack Parsekhian speak to residents of Kingston Road Apartment Building. For more information visit our class action web site here.
April 7, 2011
The Superior Court gives the plaintiffs a green light to sue Toyota Motor Corporation in sudden acceleration litigation. Toyota Motor Corporation is the head office of Toyota, located in Japan. Toyota vigorously opposed their inclusion in the lawsuit but the Court ruled in favour of the plaintiffs. Ted Charney and Michelle Kemper represented the plaintiffs on the motion. This decision is currently under appeal.
April 5, 2011- Menu Foods Class Action
The United States District Court for New Jersey approves the settlement in the Menu Foods Class Action, for the allocation of purchase claims.
The allocation approval was the final element to complete the settlement approval process because the class action was referred back to the District Court after the release of the Court of Appeal decision on December 16, 2010. Counsel expect the claims administrator will begin distributing payment in approximately 30 days.
March 28, 2011- Woodstock Apartment Class Action
On March 27, 2011, an explosion and fire took place in the apartment building located at 168 Victoria Street South, Woodstock, Ontario. The law firms of Falconer Charney LLP and Sutts, Strosberg LLP are commencing a class action on behalf of the residents of 168 Victoria Street South who sustained damages as a result of the explosion on March 27, 2011.
For more information please visit:
March 25, 2011
The Superior Court dismisses application brought by insurance companies to seize control of lawsuit commenced by Toronto Honda.
Ted Charney and Michelle Kemper were counsel for Toronto Honda on the application. This decision clearly establishes that insurance companies must allow their customers to control all litigation until their claims are fully satisfied. This decision is currently under appeal.
February 15, 2011- Maple Leaf Foods Class Action
A woman who contracted listeriosis as a result of eating sandwich meats manufactured by Maple Leaf Foods is awarded approximately $400,000.00. This is the largest amount awarded to a single class member. Ted Charney was counsel for the family at the hearing.
January 18, 2011
The Ontario Divisional Court delivers reasons in landmark judicial review, setting aside a decision of the Ontario Human Rights Tribunal as "fatally flawed". This is the first time a decision of the Ontario Human Rights Tribunal has ever been set aside. Ted Charney and Julian Roy represented the successful parties who were the employer, Audmax and its Chief Executive Officer, Maxcine Telfer.
January 11, 2011- Sunrise Propane Class Action
The Superior Court orders insurance companies to hold off on lawsuits to recover damages from the Sunrise Propane Explosion. The Court awards class counsel $60,000.00 in legal fees because the insurers misrepresented the facts and needlessly ran up costs. This is the first decision in a class action to consider the rights of class members to control the litigation, where there are competing insurance claims. Ted Charney was lead counsel on the motion.
December 22, 2010- Kingston Road Class Action
The Superior Court certifies the Kingston Road Class action lawsuit. A class action was commenced on behalf of the residents of an apartment building at 3650/3640 Kingston Road, Toronto, Ontario for damages sustained as result of an explosion on March 19, 2009. The Court has now decided the action can proceed as a class action. Ted Charney was class counsel on the certification motion.
December 16, 2010- Menu Foods Class Action
The United States Court of Appeals for the Third Circuit dismisses the appeal of Menu Foods class action settlement approval. This transnational class action was settled in 2008 and gained court approval in Canada and the United States. The claims of approximately 20,000 pet owners have been delayed because pet owners in the USA decided to appeal. At this stage, the matter has been returned to the Circuit Court to clarify one issue. It is anticipated that the settlement funds will be distributed in the Spring of 2011. Ted Charney is class counsel in three class actions commenced in Ontario and is part of the consortium of law firms with carriage in Canada.
November 12, 2010- Stekel v. Toyota Motor Corporation
A three judge panel of the Ontario Divisional Court blasts Toyota for their unfair and unnecessary litigation tactics in resisting production of the records from their expert’s inspection of the plaintiff's vehicle. In this case the Plaintiff, Karen Stekel, alleges that her Lexus suddenly accelerated, causing serious personal injury. The Panel awarded the plaintiffs their costs for two appeals and a motion for leave to appeal. Ted Charney was lead counsel on the appeal. Toyota is seeking leave to appeal to the Court of Appeal.
September 22, 2010- SALBA
The Superior Court fixes costs of the plaintiffs on injunction at $60,000.00 to $90,000.00 and orders the defendants to pay $20,000.00 up front for withholding important evidence during the hearing. The plaintiffs, who own international health food product SALBA, were represented by Ted Charney and Julian Roy on the motion.
August 3, 2010- Sunrise Propane Class Action
The Ontario Fire Marshal releases a report on the cause of the explosion at the Sunrise Propane Plant. Class counsel move to add manufacturers of certain allegedly defective parts to the class action.
June 30, 2010- Estate of Norval Morrisseau Litigation
The Family of famous Aboriginal artist Norval Morrisseau commenced proceedings to recover their legacy. The trial is to proceed in Vancouver, to decide the rights to the late artist’s images, name and reproductions. Ted Charney is co-counsel in the proceedings.
April 2010- Stekel v. Toyota Motor Corporation
The plaintiffs in sudden acceleration litigation against Toyota seek to include parent corporation, Toyota Motor Corporation in the lawsuit. The motion reveals that Toyota knew about problems since 2004. Ted Charney and Michelle Kemper represented the plaintiffs on the motion.
Decision under reserve
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