Ongoing Cases
Included below are selected cases that the Charney Group is currently litigating.
Woodstock Apartment Class Action
March 28, 2011 - On March 27, 2011, an explosion and fire took place in the apartment building located at 168 Victoria Street South, Woodstock, Ontario. The law firms of Falconer Charney LLP and Sutts, Strosberg LLP are commencing a class action on behalf of the residents of 168 Victoria Street South who sustained damages as a result of the explosion on March 27, 2011.
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Woodstock Apartment Class Action
Kingston Road Class Action
On March 19, 2009, an explosion occurred at a condominium building located at 3650/3640 Kingston Road in Toronto. The explosion caused extensive damage to the condominium units as well as personal injuries to the condominium residents who were forced to evacuate for several months. Falconer Charney, together with Sutts, Strosberg LLP are acting for the plaintiffs in this class action which was certified by the Ontario Superior Court on December 10, 2010. Our firm was class counsel on the certification motion.
Mealla v. Lawrence Brown et al.
Salba is a well known nutritional food product manufactured in Peru and distributed throughout North America. Falconer Charney represents the plaintiffs in a dispute over ownership of the shares in Salba Corporation N.A., the company which holds the trademarks for the Salba line of food products. The plaintiffs secured an injunction and were awarded their costs. They are now seeking a trial date for an oppression remedy under the Canadian Business Corporations Act declaring them to be the true owners of the shares in the corporation.
Morrisseau Family v. Gabe Vadas
The late Norval Morrisseau was one of Canada’s most famous and influential artists. Falconer Charney together with co-counsel in Vancouver represents the children of Norval Morrisseau in their lawsuit to set aside the Last Will and Testament of their father. At stake are the rights to the late artist’s images, name and reproductions. A trial date has been set for Februrary 27, 2012.
Rash vs. Bridgepoint Hospital
Matthew Rash was 27 years old when he fractured his ankle in a car accident and was admitted to Bridgepoint Hospital for rehabilitation. Falconer Charney represents Mr. Rash in his lawsuit against Bridgepoint Hospital, seeking to hold the hospital responsible for him contracting MRSA (Methicillin-resistant Staphylococcus aureus). MRSA is a devastating and permanent infection which is frequently contracted by patients in a hospital setting. This lawsuit is the first case in Canada brought by a patient against a hospital for contracting MRSA.
Secord Apartment Building Class Action
On July 20, 2008 an explosion occurred at this apartment building located at 2 Secord Avenue, in Toronto. The explosion caused extensive damage to all of the apartments and personal injuries. Hundreds of tenants were forced to evacuate for several months. Falconer Charney, together with Sutts, Strosberg LLP are acting for the class members in this class action certified by the Ontario Superior Court on April 23, 2009. Our firm was class counsel on the certification motion.
Stekel v. Toyota Canada Inc. et al
Karen Stekel was driving a 2004 Lexus 310 in Aventura, Florida, when the vehicle suddenly hesitated and accelerated forward, causing her to lose control of the vehicle and sustain serious personal injuries. Falconer Charney represents the Stekel family in their lawsuit against Toyota Canada Inc. and others on the grounds that Toyota knew that the Lexus was defective when it sold the vehicle to Mrs. Stekel.
Sunrise Propane Explosion Class Action
On August 10th, 2008 a series of explosions occurred at the Sunrise Propane plant in North York, Ontario causing extensive property damage, personal injuries and the evacuation of approximately 12,000 residents. Falconer Charney, together with Sutts, Strosberg LLP and another law firm are representing the plaintiffs. Falconer Charney is a member of the steering committee in this class action.
Telfer v. Ontario Human Rights Tribunal
Falconer Charney represents Maxcine Telfer and Audmax Inc. in a judicial review from a decision the Ontario Human Rights Tribunal. An adjudicator at the Tribunal found that enforcing a microwave cooking policy that sought to ban foods in the workplace with certain odours, reprimanding a female employee in the presence of a man for failing to comply with a dress code policy and disapproving of a certain style of hijab, all violated an employee’s human rights. The Divisional Court has set aside the Tribunal’s decision. First time a decision of the Human Rights Tribunal has been set aside.
“The Whiting Group Counsel Team consists of 11 law firms from 7 provinces across Canada and includes some of the most experienced class action firms in Canada with a broad range of experience in class actions with particular expertise in product liability class actions and personal injury. Four of these law firms are in Ontario where the action will be based and includes counsel who are very experienced in class action litigation and have the resources and experience to advance this claim in Ontario or on a national scale. This fact favours the Whiting Group.”
Whiting et al v. Menu Foods Income Fund [2007]
(The Charney Group of Lawyers was a member of the Whiting Group and appeared as counsel on the motion to decide carriage)
“Mr. Charney conducted the Applicant’s case in an exemplary and efficient manner, which was to the benefit of all concerned, his clients, the insurer and myself alike.”
Amoa-Williams v. Allstate Insurance Co. of Canada, [2001]
Media
Audmax Inc. v. Ontario (Human Rights Tribunal)
Boyuk v. Loblaws Supermarkets Ltd.
Ebrani v. Citadel General Assurance
Estate of Norval Morrisseau Litigation
Charmley v. Toronto Hydro-Electric Systems Ltd.
Mamaca (Litigation Guardian of) v. Coseco Insurance Co.
Bilodeau v. Maple Leaf Foods Inc., [2009] O.J. No. 1006 (Sup. Ct. of J.)
McNaughton Automotive Limited v. Co-Operators General Insurance Co.
Whiting v. Menu Foods Operating Limited Partnership
Kennedy v. Toronto Hydro-Electric
