Case Results


Insurance company refused to pay motorcycle accident damage

March 1993

Motorcycle Accident Damage

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 Justice, the Ontario Divisional Court and the Financial Services Commission of Ontario. The following are some of our cases that have gone to court and reported in the legal reports:

  1. In Lento v. Castaldo, 17 C.C.LI. (2d) 32; 44 M.V.R. (2d) 31; 12 O.R. (3d) 321 (Gen. Div.) Tony represented the injured party who was prevented from returning to his pre accident job as a result of injuries suffered in a motorcycle accident. This was the first case in Ontario to proceed to trial under the new no fault / "Threshold" legislation passed in 1996. The Insurance company argued that Injured Party's injuries did not meet the threshold and refused to pay any damages. After a lengthy trial Tony was successful in obtaining Judgment against the Insurance company for his client in excess of $500,000.
  2. The Insurer appealed the trial decision in Lento v. Castaldo to the Ontario Court of Appeal, in Meyer v. Bright, 1993 CanLiI 3389 (ON CAl - 1993-10-22; 15 O.R. (3d) 129; 110 DLR (4th) 354; 67 OAC 134. Because of the significance of the case and the need to clarify the Threshold Laws, the Ontario Court of Appeal empaneled a special hearing with 5 judges to hear 3 cases. Tony was successful in arguing the cases against the Insurance Industry and the trial decision was upheld. These cases are now known as the Threshold Trilogy and have been an important precedent for over 15 years.

Practice area(s): Car / Auto Accident

Tony Potestio

Tony is the sole proprietor and manager at Potestio Law. He graduated from the University of Western Ontario's prestigious law program and has been a member of the Upper Canada Law Society since 1984. Tony has over 25 years of experience in Personal Injury and Civil Litigation claims.

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