Case Results

Equitable Distribution of Parks and PPS Railway Separation:

June 2022

In Mitchell v. City of Kenora, 2022 CanLII 58199 (ON LT), the appellant sought to challenge a zoning by-law amendment and Official Plan amendment authorizing a change from park and open space uses to market residential and other uses. Relying upon PPS 2-20 policy 1.5.1 and the City Official Plan,... Read On

Legal Road Access: Potential for Preliminary Dismissal of Ontario Land Tribunal Appeals

May 2023

Legal road access is a fundamental requirement of any development approval. In Billings v. Sioux Narrows-Nestor Falls, 2023 CanLII 43648 (ON LT), the Township asserted a lack of legal road access for the proposed short-term rental use of the applicant/appellant's cottage property as one ground fo... Read On

UNDERFUNDING OF FIRST NATIONS POLICING

An Ojibway First Nation in northern Ontario has filed a lawsuit against the federal government for chronic inequitable funding of its policing services. The community alleges that the insufficient funding has resulted in a public safety crisis. The officers are working without adequate resources,... Read On

The Battle Over a Handwritten Will: A Reminder of the Importance of Estate Planning

Estate planning is a crucial aspect of preparing for the future, but it is often overlooked or put off until it is too late. The recent court battle over a handwritten will signed by a Hamilton man sixteen days before his death is a poignant reminder of why estate planning is so important. Alpho... Read On

Money owed by family members in a case settlement

In St. Jean v. Cocks (Superior Court of Justice; O.J. No. 99-0798), at trial Tony obtained a Judgment in favour of widow who was owed money by family members. Read On

Court Judgment interpreting a will

In Wesley v. Walsten, Ontario Superior Court of Justice: O.J. No. 04-0131, Tony represented a beneficiary of an Estate and obtained a Court Judgment interpreting a will in his client's favour. Read On

Denied liability and disputed the damages claimed

In Kukkee v. Perron, 1999 Canlll 3174 (ON CA) l - 1999-02-09; [1999] O.J. No. 256; [1998] O.J. No. 1646, Tony was successful in obtaining a Judgment against the defendant's Insurance company after a 2 week jury trial. Prior to trial the Insurer had denied liability and disputed the damages claimed. The Insurer did not appeal the ruling. Read On

Property loss after a fire, the insurer contested

In Hung-Huong Enterprises Limited v.The Sovereign General Insurance Company, Superior Court of Justice No. 95-0338, the Insurance Company refused to pay for a property loss after a fire. Following a 2 week trial, Tony was successful in obtaining Judgment for his clients in excess of $500,000 a... Read On

Injuries Evidence after insurance claim limitation period

In Newbold v. Hanlon, Ontario Superior Court of Justice (O.J. 98-0489). The Insurer refused to pay damages to an injured person on the grounds that a claim had not been commenced within the 2 year limitation period. Tony successfully argued at trial that the limitation period against the injur... Read On

Arbitrator's ruling against the Insurer

In Allstate Insurance Company of Canada and Terry Gurney, January 27, 2006, FSCO Appeal Order POs-OOOOs, Tony successfully defended the Arbitrator's ruling against the Insurer at the Appeal hearing before the Director's Delegate of the Financial Services Commission of Ontario. Read On

Insurance company refused to pay motorcycle accident damage

March 1993

Insurers will not fairly assess a Personal Injury claim if they feel the Injured Person's Lawyer does not have the experience or courage to take the case to trial. At Potestio Law we have tried and argued cases against Insurance companies in the Ontario Court of Appeal, the Superior Court of J... Read On