Overview
Irving Marks and Dominique Michaud represent the Bank of Montreal (BMO) defending an action brought by a recreational soccer player who was seriously injured in a game. The plaintiff claimed that as a member of the Ontario Soccer Association (OSA), an organization which BMO and others sponsor, he was owed a duty of care in negligence by BMO, as sponsor, to ensure that the OSA provided adequate accident insurance for such an occurrence. This alleged cause of action was novel and we were successful in having it struck out on a motion. The Appeal by the Plaintiff to the Court of Appeal was dismissed. The plaintiff's application for leave to appeal to the Supreme court of Canada was also dismissed.
Lawyers
Representative Work
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| Litigation and Dispute Resolution
Defeated Injunction to Tie Up Client Assets and Received Elevated Costs Award
MFC v Mady Collier, 2016 ONSC 4182 (CanLII) – Clients were awarded their costs on a substantial indemnity scale when they defeated a Mareva injunction which tried to tie up their assets... -
| Litigation and Dispute Resolution
Certified a Class Action
Rebuck v. Ford Motor Company, 2018 ONSC 7405 (CanLII) – Obtained a judgment certifying a proposed class action against Ford Motor Company and Ford Motor company of Canada on behalf of i... -
| Litigation and Dispute Resolution
Overturned Lower Court Decision at Ontario Court of Appeal
Birchcliffe Core-Harbour Inc. v. Pinnock, 2019 ONCA 417 – Succeeded at the Ontario Court of Appeal in obtaining damages for breach of contract when a purchase of land could not be completed,...