To provide clients with excellent, timely and cost-effective legal advice. Located in the heart of downtown Toronto, Black Sutherland serves a broad base of clients, principally in Ontario, while maintaining worldwide professional relationships through its membership in... [ read more ]
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May 20, 2008 | Recent Decision: Clarence Lui
Our firm was successful at trial in defending an insurer which declined coverage to its insured for an alleged theft of a vehicle.
Shortly before trial, we were successful in obtaining an agreed statement of facts which significantly narrowed the issues for determination. In finding that the insured failed to demonstrate a theft had taken place for coverage under the insurance policy, the trial judge found the insured's evidence inconsistent and illogical and his explanation on the whereabouts of the keys to his vehicle unreliable.
The plaintiff did not appeal the dismissal of his claim.
Comer v. Mochulla (Mochulla Auto Service), [2008] O.J. No. 1211 (S.C.J.)
http://www.canlii.org/en/on/onsc/doc/2008/2008canlii13613/2008canlii13613.pdf
An article in the Canadian Underwriter about this decision is below:
http://www.canadianunderwriter.ca/issues/ISarticle.asp?id=82557&story_id=&issue=04072008&PC