Marina Del Rey Condominium $15 Lawsuits, Toronto


The Toronto Waterfront area can be a beautiful place to live. I thought all my dreams had come true when I moved in to my condominium 23 years ago. It has the most spectacular view of this city! However, I soon discovered that purchasing this property would become my biggest nightmare! I have now been homeless for 13 years!

This is a cautionary tale about what happens to a condo owner at Marina Del Rey Phase I, 2261 Lake Shore Blvd. W, who is forced to commence legal action in an effort to rebuild her home after years of continuous water flooding problems, mismanagement, neglect of duties, and bad faith displayed by insurance companies.

I have started this blog with the hope that I can provide help and encouragement to others who find themselves in a similar situation. Insurance companies and corporations have lots of money and lawyers to fight us. However, we have the power of the internet and the social media to connect, support each other, and exchange helpful information.

Thursday, 24 March 2011

Whiten vs. Pilot Insurance, significant victory!

Whiten v. Pilot Insurance Company  It is obvious the Court was significantly influenced by the following facts:
  • The Insurer’s allegation that the fire was a result of arson was obviously without merit
  • The Insurer ignored the evidence of its own experts
  • When the claim was denied, no explanation was offered to the Insured
  • As a result of the denial, the Insured’s were “forced out into the snow”
  • The Court found that the highest level of management was aware of these decisions, but took no steps to correct the deficiencies
  • The actions of defence counsel throughout the course of the action was considered outrageous and bordering on misconduct
  • The Court found that the Insureds had breached a “Peace of Mind Contract” when they knew it would have a detrimental effect on the Insured.
The unprecedented punitive damage award in Whiten v. Pilot Insurance Company heralds a significant departure from the previous method of quantifying and assessing an Insurer’s exposure for Bad Faith claims. Prior to Whiten, the Supreme Court of Canada stated that punitive damage awards should be increased on an incremental basis.  After, as a result of Whiten v. Pilot Insurance case, punitive damage awards must be proportionate.

The Supreme Court outlined six criteria, which should be considered by the Jury in determining the quantum of a punitive damage award:
It must be proportionate to:
1. The blameworthiness of the defendant’s conduct;
2. The degree of vulnerability of the plaintiff;
3. The harm or potential harm directed specifically at the plaintiff;
4. The need for deterrence;
5. Even after taking into account the other penalties, both civil and criminal which have been or are likely to be inflicted on the defendant for the same misconduct;
6. The advantage wrongfully gained by a defendant from the misconduct.

This significant damage award for Bad Faith opens the door to "U.S. style litigation" and shifts the emphasis from the subject matter of the contract to the action of the Insurer.

See Lawyer Brian Atherton's detailed explanation of case:  http://athertonbarristers.com/html/badfaith.html

1 comment:

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    ReplyDelete