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Client Work

David Polowin Real Estate Ltd. v. Dominion of Canada General Insurance Company (2005), 76 O.R. (3d) 161 (Ont. C.A.)

Fasken
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David Polowin Real Estate Ltd. v. Dominion of Canada General Insurance Co., 2005 CanLII 21093 (ON C.A.) Lead defence counsel in class proceedings in Ontario and Alberta involving 141 insurance companies sued in the automobile insurance salvage litigation. The case involved the interpretation of standard insurance policy terms and claimed damages of hundreds of millions of dollars. Led a Canada-wide strategy, first in Alberta and then in Ontario, to overturn an earlier class action decision on the same issue which had been decided against one insurance company by the Ontario Court of Appeal. The Chief Justice appointed a five-person court, which overruled the earlier decision, thereby defeating all of the related class actions in Canada.

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