Our Lawyers

Theodore P. Charney

Theodore P. Charney Ted Charney, is a senior partner at Falconer Charney LLP where he is the head of the firm’s personal injury, class action, and insurance defence practice groups. Ted practices as general litigation counsel with an emphasis on the following practice areas: Personal Injury, Class Proceedings, Commercial Litigation, Insurance Defence, Employment Law, Medical Malpractice, Food Borne Illness, Construction Law and Appeals.

He has conducted numerous trials and appeals, including jury trials throughout the province and has represented clients in over 75 reported decisions of the Superior Court of Ontario and the Financial Services Commission of Ontario, spanning a wide range of practice areas.

Recent Notable Cases:

Acted for Toronto Honda on an application and an appeal to the Ontario Court of Appeal brought by two insurance companies to seize control of Honda’s lawsuit. The Court of Appeal dismissed the appeal finding that consumers/the insured have the right to control the litigation. Insurers with subrogated claims must not interfere so long as the consumer includes the subrogated claim in their lawsuit.This case has implications for all insurance claims and is a victory for consumer rights. No longer will consumers be at the mercy of their insurers when it comes to litigating their claims for damages. See Zurich Insurance Company Ltd v. Ison T.H. Auto Sales Inc., 2011 ONCA 663 for Ontario Court of Appeal decision and 2011 ONSC 2511 for the application decision.
Acted for employer on successful judicial review of Human Rights Tribunal decision. First time the Divisional Court has set aside a Tribunal decision. See Audmax v Human Rights Tribunal, 2011.
Acted for plaintiffs and numerous victims of the listeria contamination outbreak, in national class action proceedings against Maple Leaf Foods. Certified and settlement approved March 9, 2009. Largest food contamination settlement in Canadian history. See Bilodeau v Maple Leaf Foods Inc. [2009] O.J. No.1006.
Acted for plaintiffs in Sunrise propane explosion class action, on a motion to secure access to the investigation conducted by the Ontario Fire Marshall and other regulatory authorities. Leading case on access to ongoing Crown investigations. See Durling v Sunrise Propane Energy Group Inc. [2008] O.J. No. 5031

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Acted for the families of injured and deceased pets in a trans-national class action, commonly known as the Menu Foods pet food contamination class action (Settlement pending 2008). Falconer Charney was part of the Ontario Consortium of Law Firms selected by the Superior Court of Justice to act as plaintiff’s counsel in this class action. See Whiting v Menu Foods Income Fund,2007
Acted for insurance company on first case to consider piercing litigation privilege based on allegations of bad faith claims practices. Leading decision on litigation privilege. Mamaca v Coseco Insurance, 2008
Acted as co-counsel (with my law partner), representing Maher Arar and his family in their civil litigation claim against the Federal Government. (Resolved 2007). Largest human rights settlement in Canadian history.
Acted for debenture holders in international class action proceedings against a Canadian bank, to recover outstanding bonds issued by its bankrupt South American subsidiary (Resolved 2007). See Yordanes v Bank of Nova Scotia, 2006.
Acted for a number of insurance companies defending national class action proceedings to recover automobile insurance deductibles. Longest certification hearing in Canadian history (Resolved 2006). Empke v Security National Insurance Company ; Ross v Coseco Insurance Company 2003
Acted for the family of a young girl in a claim against a multi-national corporation for food tampering. (Resolved 2006). See Jama v McDonalds, 2003 and 2001.
Acted as counsel on a leading arbitration decision at the Financial Services Commission of Ontario, consisting of a test case to determine circumstances where victims of automobile accidents are entitled to rehabilitation and medical benefits. See Amoa Williams v Allstate Insurance Company, FSCO 2000.

Articles and Reports:

Commissioned by the Canadian Coalition Against Insurance Fraud to conduct a study and report on appropriate procedures to be followed by adjusters when investigating potential fraudulent claims.
The Canadian Institute’s 7th Annual National Forum on Litigating Class Actions - Litigating Transnational Mass Torts in the Context of Class Proceedings. Parent Corporation Liability for Acts of its Subsidiaries.
Contribute articles to the Lawyers Weekly.

Education:

1982 - McGill University, Bachelor of Arts (with distinction)
1985 - Osgoode Hall, York University, LL.B.
1987 - Called to the Ontario Bar

TedC@falconercharney.com (416) 964-3408 ext. 225

Law Clerk: Kay Coghlan
KayC@falconercharney.com (416) 964-3408 ext.233

Law Clerk: Aleisha Aziz
AleishaA@falconercharney.com (416) 964-3408 ext.249

Julian K. Roy

Julian Roy is a graduate of the Faculty of Law, University of Toronto. He was called to the Ontario bar in 1995, and practiced criminal law exclusively before joining Falconer Charney LLP in 1999. Since joining the firm, Julian has maintained a diverse litigation practice in the areas of civil, constitutional and criminal law. He has appeared at all levels of court including the Supreme Court of Canada, and has represented families and public interest interveners at numerous Coroners Inquests. Julian acted as co-counsel to Aboriginal Legal Services of Toronto before the Ipperwash Inquiry, and was part of the legal team on Maher Arar’s lawsuit against the Canadian Government.

JulianR@falconercharney.com (416) 964-3408 ext. 226

Legal Assistant / Law Clerk: Odi Dashsambuu
OdiD@falconercharney.com (416) 964-3408 ext. 248

Andrew J. Eckart

Andrew joined Falconer Charney LLP as an associate in 2011. He received his Bachelor of Arts from McGill University in 2005 and his LL.B. from the University of Windsor in 2010. As a law student, Andrew worked at the two student legal clinics and appeared before the provincial courts and various administrative tribunals. He was admitted to the Law Society of Upper Canada in June 2011.

Prior to joining Falconer Charney, Andrew articled at the Superior Court of Justice in Toronto where he clerked for judges on civil and criminal matters, including various class action motions and a common issues trial. His practice centers on civil litigation with an emphasis on class actions, personal injury, and insurance defence.

Andrew is a member of the Ontario Bar Association.

AndrewE@falconercharney.com (416) 964-3408 ext. 246

Law Clerk: Kay Coghlan
KayC@falconercharney.com (416) 964-3408 ext.233

Law Clerk: Janelle Sooklal
JanelleS@falconercharney.com (416) 964-3408 ext. 245

Ryan M. Lake

In 2010, Ryan completed his baccalaureate of laws at the University of Ottawa. As a law student, Ryan worked in Ottawa with Parliamentary Counsel to the Senate and also at the Department of Justice Canada. Then, having articled with a boutique law firm focused on all aspects of transportation and maritime law, Ryan honed his advocacy skills at a major insurance litigation firm in Toronto prior to his joining Falconer Charney LLP in 2012.

Ryan has experience in all areas of the firm’s litigation practice. He appears regularly before the Ontario Superior Court of Justice. Ryan also has experience with disputes at the Ontario Court of Appeal, the Federal Court of Canada and the Court of Queen’s Bench of Alberta.

Ryan enjoys engaging in his community and is presently serving as an elected Board member and policy advisor to the Second Base Youth Shelter in Scarborough.

Ryan is a member of the Canadian Bar Association and the Advocates' Society.

RyanL@falconercharney.com (416) 964-3408 ext. 234

Law Clerk: Kay Coghlan
KayC@falconercharney.com (416) 964-3408 ext.233

Law Clerk: Janelle Sooklal
JanelleS@falconercharney.com (416) 964-3408 ext. 245

Support Staff

Our support staff consists of professionally trained law clerks, legal assistants and paralegals who are familiar with all aspects of litigation support and who are here to assist our clients with timely and responsive service. In order to provide the highest level of service and attention to our client files, a dedicated law clerk is assigned to every case who will work closely with the client .Our staff also make an important contribution to our overall objective, which is to achieve a timely and excellent result, by assisting our lawyers with document management and trial preparation.

Our focus is litigation. We appear frequently at trial, arbitration and appeals. As a result we have earned a reputation with our colleagues and before the courts for our credibility, diligence and success. We strive to achieve the best possible results for our clients.

Current Class Actions

Via Rail Train Derailment

Murano Falling Glass Class Action

Festival Tower Class Action

Sunrise Propane Class Action

Secord Class Action

Woodstock Apartment Class Action

Kingston Road Class Action

Maple Leaf Class Action

Menu Foods Class Action

IQT Solutions Class Action

"Falconer Charney... is unquestionably qualified to act as counsel.”

Ison T Auto Sales v. Zurich Insurance

[Ontario Court of Appeal, November 25, 2011]

(Ted Charney acted for Ison T Auto Sales i.e. Toronto Honda on the appeal)

“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]