December

Gilbertson Davis LLP Welcomes Family Law Lawyer Kimberley Wilton!
Gilbertson Davis LLP extends a Warm Welcome to Family Law Lawyer Kimberley Wilton.  Kim was called to the Bars of Ontario, Newfoundland and Labrador in 2013, after obtaining her Doctor of Jurisprudence degree from Dalhousie University (2012; Schulich School of Law), a B.Sc. (Hons.) degree from the University of Toronto (Psychology and Middle Eastern Studies; 2006) and a B.A. degree from Memorial University (English Language and Literature; 2009).  Kim is also certified as a Collaborative Family Law Lawyer.   Kim is passionate about the provision of client service to a standard of excellence.  She has experience in a broad range of Family Law matters, including contentious custody and access disputes, child and spousal support claims, complex property disputes including the division of assets, adoption applications and mobility issues. She is also experienced in drafting parenting plans, separation plans and domestic contracts.  Kim is sensitive to the specific needs of each client, including case specific strategies, and the client’s emotional and financial needs.  She advocates vigorously for her clients through co-operative negotiation, litigation, mediation and arbitration. Kim has appeared before the Ontario Superior Court of Justice and the Ontario Court of Justice in long Motions, Motions to Change, Case Conferences, Settlement Conferences, Trial Management Conferences and Trials. Kim has strong work ethic, complemented by a keen attention to detail, together with outstanding oral and written communication skills, all of which are disciplined by sound judgment.  She has developed skills in the negotiation of settlements and has an excellent record of client satisfaction.  Kim may be reached at: 416-979-2020; Ext. 228; or at kwilton@gilbertsondavis.com

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November

David Alderson to present talk at the ADR Institute of Ontario 2020
David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and Arbitrator, will present a talk and workshop at the ADR Institute of Ontario 2020, 35th Annual General Meeting and Professional Development Conference, on June 4, 2020, entitled “Keep Them Calm and Arbitrate On: Sources of Commercial Arbitration Conflict & Tools / Techniques for Conflict Minimization”.

Conflict in arbitration arises when the process is conducted as a fight, a battle, or a struggle. This can defeat the process and frustrate realization of the parties’ objectives. This talk will focus on four sources of conflict: the party who 1) does not want to be in arbitration, but who has no choice because of a contractual or statutory arbitration requirement; 2) refuses to participate in the process (and/or to pay the tribunal’s fees); 3) fights everything: the rules, the laws, jurisdiction and procedural orders; and 4) participates over-zealously, whether personally or through counsel. Strategies to minimize such conflicts are suggested.

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October

Gilbertson Davis LLP Welcomes Lawyer Sabrina Saltmarsh!
Gilbertson Davis LLP extends a Warm Welcome to lawyer Sabrina Saltmarsh.  Sabrina obtained her Doctor of Jurisprudence degree from the University of Western Ontario in 2009, after acquiring an Honours Bachelor of Arts degree from the University of Toronto.  In 2008 she attended on an Exchange Program in law at the University of Hong Kong. Sabrina comes to us from a boutique litigation firm where she was a partner practising in commercial and general corporate litigation, real estate and construction lien and condominium litigation, professional liability and personal injury litigation,  acquiring courtroom experience in the Ontario Superior Court, the Divisional Court and in the Ontario Court of Appeal.  Among her notable reported cases are: D’Onofrio v. Advantage Car and Truck Rentals Ltd.(Ontario Court of Appeal); Dervisholli v. Cervenak (Divisional Court); and Pal v. Intact Insurance Company (FSCO).  Sabrina is known as a talented litigator, with exemplary skills in legal risk analysis and in written advocacy.  She brings to her practice an attention to detail and sense of diligence.  She has developed skills in the negotiation of settlements and has an excellent record of client satisfaction.  Sabrina may be reached at: 416-979-2020; Extension 234; or at ssaltmarsh@gilbertsondavis.com

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September

Gilbertson Davis LLP Welcomes Articling Student Elisha Hale!
Gilbertson Davis LLP is pleased to announce that Elisha Hale has joined the Firm as an Articling Student.  Elisha comes to the Firm from Scotland where she obtained her Diploma of Professional Legal Practice with Merit from Glasgow University, and her Bachelor of Laws with Honours from Glasgow Caledonian University.  She has passed the Examinations of the National Accreditation Committee in Canada, and is studying for her Bar examinations.   Previously Elisha was a Trainee Solicitor in Scotland where she acquired a broad exposure to corporate law issues such as corporate restructuring, company regulation, joint ventures, investments, mergers and acquisitions, drafting of commercial contracts, and of share purchase and investment agreements, and also to family law.  In addition,  Elisha was a summer Intern at the Glasgow Sheriff Court, and also at a law firm where she assisted in the family  and wills departments.  Elisha was for many years a Legal Claims Manager at an insurer in Scotland. She was a Silver Medalist at the World Finals of The Brown Mosten International Client Consultation 2018 competition in  The Netherlands. She spoke at the 2018 Glasgow University Learning and Teaching Conference on the suitability of legal platforms for delivering legal education.  She published a blog dealing with the execution by UK companies with an English and Scots law contract, which was the second most read blog in the corporate/commercial sector globally and the third most read in all sectors across the UK on Lexology.  Elisha may be reached at: 416-979-2020; Ext. 240; or at ehale@gilbertsondavis.com

David Street to facilitate at the Law Society of Ontario’s Advanced Roundtable on Shareholder Disputes.
On October 2, 2019 David Street will be one of four corporate lawyer facilitators at the Law Society of Ontario’s Advanced Roundtable on Shareholder Disputes. This continuing professional development program is intended to assist corporate lawyers and litigators to work together to manage and assess shareholder disputes and better resolve such disputes when they do arise.

Gilbertson Davis Welcomes Fatima Vieira!
It is with great pleasure that Gilbertson Davis LLP announces that Senior Commercial & Insurance Litigation & Arbitration Lawyer Fatima Vieira has joined the Firm.  Fatima obtained her LL.B.  degree from Queen’s University at Kingston (2001) and holds an M.A. degree in Public Administration from University of Toronto (1994-1995) as well as Bachelor of Liberal Arts, Government degree  from Harvard University (1990-94; Dean’s List, 1991-94).  She was called to the Bar in Ontario in 2002, and has acquired over 17 years of litigation and arbitration experience, most of which has been in private practice with an emphasis on insurance and commercial litigation and arbitration.  Fatima has a particular practice interest and focus in Condominium Law.  Fatima has extensive litigation experience including participation in trials and appeals, and also appearances before administrative tribunals.  Details of her various reported cases are found here.  Fatima is a highly skilled litigator who is dedicated to achieving excellence in advocacy and pragmatism in the delivery of results for the Firm’s clients.  She may be reached at: 416 979 2020 Ext. 231, or at fvieira@gilbertsondavis.com

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August

Lee Akazaki’s Speak at the Annual Actuarial Evidence Seminar
On September 20, 2019, Lee Akazaki will be a guest speaker at the Canadian Institute of Actuaries’ Annual Actuarial Evidence Seminar in Montréal, PQ.  He will be delivering a presentation on the challenges of cyberspace to tort law, regarding the causation of intangible loss. This session will return to the origins of “but for” causation, to propose a framework capable of keeping tort law relevant in allocating adverse consequences in cyberspace.

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June

Lee Akazaki’s Recent Speaking Engagements
June 4, 2019: Lee Akazaki speaks at the Law Society of Ontario’s Annual Solo and Small Firm Conference about file management in law firms.

June 4, 2019: Lee Akazaki speaks at the Regional Meeting of International Association of Defense Counsel (IADC), on the role of Artificial Intelligence in legal practice and the justice sector.

June 6, 2019: Lee Akazaki speaks at the Canadian Society of Medical Evaluators (CSME) Annual General Meeting on prevention of regulatory complaints arising from IME’s.

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February

Gilbertson Davis LLP Welcomes Commercial & Insurance Litigation Lawyer Mahdi Hussein
It is with great pleasure that Gilbertson Davis LLP announces that Commercial & Insurance Litigation Lawyer Mahdi Hussein has joined the Firm.  Mahdi obtained his Juris Doctor degree from Osgoode Hall Law School (2016) where he served as a Teaching Assistant, and holds an undergraduate Honours B.A.  degree from the University of Toronto, where his successes included placement on the Dean’s List (2009-2013); reserved for the top 10% of Arts & Sciences students), and receipt of the John R. Evans Scholarship (2010) award before graduating with High Distinction.  In the Fall of 2011, Mahdi secured the prestigious Killam Fellowship for studies in Washington, D.C., sponsored by Fulbright, the Canadian Department of Foreign Affairs and International Trade and the American Killam Trust.  While with Innovation, Science and Economic Development Canada, Intellectual Property Clinic Placement, as a Law Student in 2015, Mahdi was engaged in the preparation of reports, and undertook policy briefings and research relating to copyright and trade marks.  Before joining Gilbertson Davis LLP, Mahdi acquired experience with Toronto law firms in the fields of Insurance and Commercial Litigation.  He is expected to make extensive contributions to our Firm’s practises in both of these areas.   Mahdi has published articles and made presentations on various topics, including presentations on Privacy and Cyber Risk, Privilege, and Litigating Insurance Disputes, and authored publications on such topics as the duty of care of financial auditors (see:  Holding Accountants to Account: The Supreme Court of Canada Affirms Duty of Care of Financial Auditors(2018 January/February, Advocates Society); and copyright (See: Don’t Shoot the Messenger—Authors Guild v Google Inc., IP Osgoode, December 2015). Mahdi is a member of the Ontario Bar Association and Advocates’ Society.

Lee Akazaki quoted by Global News.
Lee Akazaki, Certified Specialist in Civil Litigation, at Gilbertson Davis LLP, is quoted by Global News, on whether solicitor-client privilege applies to interactions between the attorney general and other officials.

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January

David Alderson, Senior Counsel-Commercial Litigation at Gilbertson Davis LLP, is the author of the chapter entitled Sentinels of the Hryniak Culture Shift: Four Years On, included in the Annual Review of Civil Litigation 2018, (Ed. by the Honourable Justice Todd L. Archibald, published by Thomson Reuters Canada Limited.), a copy of which can be accessed here.

“Mr. Alderson has done a masterful job in reviewing the post-Hryniak judgment landscape. He canvasses whether or not our courts have embraced the advocated Hryniak culture shift in civil litigation through the simplification of pre-trial procedures and the principle of proportionality. Before embarking upon a summary judgment motion, all counsel should carefully read Mr. Alderson’s paper because it provides superb guidance concerning the prospects of success not only before the motions judge but on appellate review. Mr. Alderson’s paper is a comprehensive tour de force for all advocates.

–  The Hon. Justice Todd Archibald, Ontario Superior Court of Justice

 

December

Gilbertson Davis LLP profiled in Best’s Recommended Insurance Attorneys
Gilbertson Davis LLP is pleased to announce that as a result of Client Endorsement, the Firm is now profiled in Best’s Recommended Insurance Attorneys. For further details, visit here.

 

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October

Lee Akazaki debated with Prof. Bruce Pardy and Derek Ross
On October 18, 2018, Lee Akazaki debated with Prof. Bruce Pardy and Derek Ross before a packed lecture hall at the Western Law chapter of the Runnymede Society.  The topic of the event was the balance of ss. 2 and 15 of the Canadian Charter of Rights and Freedoms as applied to the Supreme Court’s decision in Trinity Western University v. Law Society of Upper Canada.  For more about this event and about the Runnymede Society:  https://runnymedesociety.ca/events/

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July

David Alderson quoted in Law Times Cover Story
Gilbertson Davis’ David Alderson is briefly quoted in the July 30,1028 Law Times Cover Story “OCA upholds U.S. rabbinical court’s award. Province a leader in international commercial arbitration” concerning Popack v. Lipszyc, 2018 ONCA 635

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April

David Street spoke at the Law Society of Ontario program
On April 16, 2018 David Street spoke at the Law Society of Ontario program Business Law Refresher 2018. David’s topic was Closing the Transaction and included comments on Preparing for Closing, Closing Agendas, the Closing and Post-Closing Matters.

Lee Akazaki Honoured by the Ontario Bar Association at its Annual Awards Gala
On April 25, 2018, Lee Akazaki will be honoured by the Ontario Bar Association at its annual awards gala, as an inaugural co-recipient of the Joel Kuchar Award for Professionalism and Civility. In 2013, Lee previously received the Linda Alam Manning Award for Volunteerism.

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March

Lee Akazaki to speak at the law Society of Ontario’s Motor Vehicle Litigation Summit 2018
On March 26, 2018, Lee Akazaki will speak at the Law Society of Ontario’s Motor Vehicle Litigation Summit 2018 and present “Should Privacy Matter to Car Crash Lawyers? PIPEDA, the LAT and Torts.” Click here for the agenda, and here to register.

Andrew Ottaway appeared on CTV to discuss online defamation
Gilbertson Davis LLP’s Andrew Ottaway appeared on CTV’s “Your Morning” to discuss current issues in online defamation. View the video here

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January

IN MEMORIAM
With great sadness, Gilbertson Davis LLP mourns the passing of the Firm’s founder and mentor, Larry H. Gilbertson.

Larry was a leader among Canadian Insurance Adjusters and within the Ontario Insurance Bar.

Upon his retirement from the practice of law in 1994, Larry remained active and was much sought after as an Appraiser, Umpire, Mediator and Arbitrator.

He was much loved, respected and admired by his colleagues at the Firm, at the Bar, and throughout the insurance industry.

In everything he did, and as he progressed from blue collar jobs to the insurance adjusting and legal professions, Larry demonstrated an extraordinary work ethic in combination with an exceptional regard for the value of the many friendships he made along life’s way.

We shall miss his broad shoulders, cheery smile, firm handshake and supportive guidance.

Gilbertson Davis LLP

Sepember

Gilbertson Davis LLP Welcomes Business Lawyer David Street
It is with great pleasure that Gilbertson Davis LLP announces that senior lawyer David Street has joined the Firm as Business Counsel. David has extensive experience in a wide variety of corporate transactional work, emphasizing the establishment and expansion of entrepreneurial businesses, purchase and sale of businesses, commercial lending, corporate finance and reorganization transactions involving private companies. David’s corporate finance and commercial lending practice includes bank financings, venture capital and private offerings of debt and equity securities. David has a special interest in the drafting of complex commercial agreements for use in a broad range of commercial activities. He also does estate planning, including wills and trusts, and estate administration as part of overall business and personal planning. David has an LL.B. from the University of Toronto, and an LL.M. in Business Law from York University. He is a frequent speaker/panelist/author at LSUC Business Law CPD programs and at CPD programs for accountants.

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July

Restriction on Use of Summary Judgment Where Key Issues Turn on Credibility
Bianca Thomas writes on the Court of Appeal’s recent decision in Lesenko v Guerette, which challenges the limits of summary judgment.
Read More

Supreme Court Rules Facebook’s Jurisdiction Clause Unenforceable
Robert Kalanda blogs on the 4-3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction clause.
Read More

Capturing Online Sales in Shopping Mall Commercial Leases
Robert Kalanda writes on rent in a shopping mall lease may include online sales revenue.
Read More

Robert Kalanda on Supreme Court of Canada Narrowly Rules Facebook’s Jurisdiction Clause Unenforceable
Robert blogs on the 4-3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction clause in its terms of use against the plaintiff.
Read More

Robert Kalanda blogs on Capturing Online Sales in Shopping Mall Commercial Leases
Robert writes on the issue of whether rent calculation in a commercial shopping mall lease includes online sales revenue.
Read More

Andrew Ottaway on Ontario Court Identifying New Presumptive Connecting Factors in Establish Jurisdiction
Andrew blogs on Arend v Boehm, where the court found it had jurisdiction in an oppression remedy application based on the corporation’s domicile, found to be a presumptive connecting factor.
Read More

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June

Andrew Ottaway blogs on Possible Changes to Choice of Court Agreements
Andrew writes on the International Choice of Court Agreements Convention Act, 2017.
Read More

Robert Kalanda on the Costs of Complying with Copyright Infringement Norwich Order
Robert blogs on the recent appeal decision of Voltage Pictures, LLC v. John Doe, 2017 FCA 97.
Read More

Robert Kalanda blogs on The Importance of Branding and Brand Protection
Robert writes on the importance of branding and the protection available to secure a most important business asset.
Read More

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May

Robert Kalanda blogs on The Importance of Branding and Brand Protection
Robert writes on the importance of branding and the protection available to secure a most important business asset.
Read More

Andrew Ottaway blogs on the International Sales Conventions Act
Andrew outlines the key differences between the International Sales Conventions Act and the Sale of Goods Act
Read More

Andrew Ottaway is quoted in Law Times Article
Andrew Ottaway is quoted in April 24, 2017 Law Times article on International Commercial Arbitration “New laws spur more arbitration in Ontario”
Read more

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January

Gilbertson Davis LLP will attend Ontario Insurance Adjusters’ Association Trade Show as Exhibitor January 31, 2017

November

• David Alderson and Andrew Ottaway quoted in Law Times November 21, 2016 on Access to Justice Where Disputes Allowed to Proceed Both in Arbitration & Court

October

• John Davis quoted in article “Demand for cyber-insurance on the upswing” in Canadian Lawyer Magazine

September

• September 30 – Gilbertson Davis LLP hosted its Annual Fall Reception at the Albany Club in support of Alzheimer Society Toronto.

 

• John Davis and Rob Kalanda presented at a Knowledge Group Webcast on Legal & Insurance Aspects of Cybersecurity
• John Davis attended at the Above Security Cybersecurity Conference in Miami

• David Alderson was a panelist at the Law Society of Upper Canada Continuing Professional Development program, The Annotated Partnership Agreement 2015, on September 29, 2015 (alternate date, November 20, 2015) on the panel entitled “Review of the Differences (Legal and Drafting) Between a Partnership and a Joint Venture – Understanding the Significant Consequences“. Moderator of the panel (and Chair of the program) was  Alison Manzer, of Cassels Brock & Blackwell LLP and co-panelist was Sunita Doobay, of TaxChambers LLP.
• Andrew Ottaway and David Alderson wrote the following article: U.S. Defendants: Sued in Ontario, Canada? So You want Out, Eh? Challenging Jurisdiction, The Newsletter of the DRI International Committee, Volume 4 Issue 1.
• Lee Akazaki-OBA Awards Committee member-presented the 2015 Linda Adlam Manning Award to Ryerson General Counsel Julia Shin Doi at the Ontario Bar Association Awards Gala. Ms. Doi later tweeted: “Thanks to Lee Akazaki for a beautiful introduction – a gifted orator & a true trailblazer.” (Lee won the Award in 2013.)
• Lee Akazaki Co-Chaired Canadian Defence Lawyers Conference on Alternative Business Structures – April 16
• Robert Kalanda Appeared on CityTV Interview Discussing Internet “Selfie” Issues – April 15
• David Alderson was a member of the faculty of the Osgoode Professional Development program entitled Shareholder Litigation and the Closely-Held Company, held on April 7, 2015
• Andrew Ottaway appeared on CityNews Interview Discussing Legal Pitfalls of Social Media – March 5, 2015

• Lee Akazaki discusses Insurance Adjusters’ Errors and Omissions Exposures in the April/May issue of Claims Canada Magazine, p. 36
• Lee Akazaki received 2014 JusticeNet Patron Council Award in recognition of his leadership role within the legal profession, together with his sense of integrity, high ethical standards, and record of service worthy of the highest praise, and being an individual in Canada whose career has been marked by a distinguished record of work that exemplifies JusticeNet’s ideals of a more open and accessible justice system.  The Award was presented at an Awards Ceremony on May 1, 2014.
• Lee Akazaki to speak at Law Society Sole and Small Firms Conference – June 12
• David Alderson was the Chair / Moderator of Osgoode Hall Law School’s webinar entitled Summary Judgment in the Supreme Court of Canada: Hryniak v Mauldin and Its Implications. Panelists:  The Honourable Justice David M. Brown, Superior Court of Justice (Ontario), Professor Janet Walker, Osgoode Hall Law School and Cynthia B. Kuehl, Lerners LLP – March 26
• Lee Akazaki served as Moot Court Course Supervisor presided as Chief Justice in University of Toronto Upper Year Compulsory Moot – January 27

• Andrew Ottaway appeared on Global News to discuss insurance issues caused by the Toronto Ice Storm – December 22
• Lee Akazaki featured debater at University of Toronto Faculty of Law Centre for the Legal Profession – October 16
• Lee Akazaki appointed Chair of OBA Foundation Chief Justice of Ontario Fellowships Selection Committee – September
• Lee Akazaki appointed to Just.ca Editorial Board – August
• Lee Akazaki reappointed to Ontario Bar Association Governance Committee – August
• Lee Akazaki featured in Spring 2013 Law Society Gazette (attached)
• Lee Akazaki reappointed to Canadian Defence Lawyers Board of Directors – June
• R. Lee Akazaki to receive OBA’s Linda Adlam Manning Award
• Joan Takahashi comments on punitive damages & Fernandes v. Penncorp in Law Times News

• 2012 Canadian Law Blog of the Year
• GDE Hits the Links at the 2012 CICMA Golf Tournament
• John L. Davis Published in Canadian Journal of Insurance Law
• Gilbertson Davis Emerson LLP Hosts Booth at OIAA Trade Show February 8, 2012
• Andrew Ottaway Joins Gilbertson Davis Emerson LLP
• Congratulations to Lee Akazaki for winning a Canadian Law Blog Award for one of the “Best New Blogs” in 2011.

• 3rd Annual Boat Cruise Fundraiser in Toronto on August 18, 2011
• John L. Davis to speak at CDL 7th Annual Insurance Symposium
• Martindale Hubbell Recognizes Lee Akazaki
• Lee Akazaki takes the helm at the Ontario Bar Association