Settled Cases
Included below are selected cases that the Charney Group has settled.
Arar et al v. Her Majesty the Queen in
Right of Canada et al
Ted Charney together with his law partner, represented Maher Arar and his family in his lawsuit against the Canadian government following his illegal rendition and torture in Syria. The case made Canadian legal history when it became the largest human rights settlement.
I.A. v. Dr. Thomas Bell et al.
I.A. underwent a cosmetic brow lift procedure performed by Dr. Bell at his clinic. As a result of complications from the procedure, she developed ostyeomylitis of the skull which required brain surgery and left her with permanent injuries. The Charney Group represented I.A. in her medical malpractice action which proceeded to trial before the Superior Court of Justice in Toronto in the summer of 2010. After several days of trial, the lawsuit was ultimately settled. Settlement confidential – July 2010*
* In accordance with standard practices on out of court settlements, the terms of the out of court resolutions are confidential where the parties so stipulate. The fact of the settlement is not.
Hambrook v. DDB Canada
Angela Hambrook was employed for four years by DDB Canada as an advertising director when she went on maternity leave. While on maternity leave, Ms Hambrook was dismissed. She filed a complaint on the basis that her employer was required to reinstate her following her maternity leave and could not discriminate against her because she was pregnant. The Charney Group represented Ms. Hambrook in her claim before the Ontario Labour Board and the Ontario Human Rights Tribunal for alleged breaches of section 53(1) and 74(1)(viii) of the Employment Standards Act and section 5(1), 9, 10(2) and 24 of the Human Rights Code. Settlement confidential – October 2010*
* In accordance with standard practices on out of court settlements, the terms of the out of court resolutions are confidential where the parties so stipulate. The fact of the settlement is not.
Abdi Jama (Litigation guardian of) v. McDonald's Restaurants of Canada Ltd.
The Charney Group represented Ayan Jama, a nine year old girl who commenced a food tampering lawsuit against McDonald’s Canada Inc. She claimed that she sustained serious emotional injuries as a result of consuming a rat head which had been inserted into a Big Mac hamburger. Settlement confidential 2006*
* In accordance with standard practices on out of court settlements, the terms of the out of court resolutions are confidential where the parties so stipulate. The fact of the settlement is not.
Mamaca (Litigation Guardian of) v. Coseco Insurance Co.
The Charney Group represented Coseco Insurance Company on three motions and two appeals arising out of a personal injury lawsuit brought against the insurer for alleged bad faith claims practices. The allegations of bad faith were never established but the case spawned numerous rulings. Mamaca is a leading decision on the criteria for establishing litigation privilege in the context of insurance claims. It is also the first case to consider how Courts should conduct hearings to scrutinize insurer’s privileged documents for evidence of bad faith.
Maple Leaf Foods Class Action
The Charney Group, together with another law firm, filed a national class action against Maple Leaf Foods to recover damages on behalf of consumers who purchased or ate Maple Leaf Food Products which were contaminated with listeria. Within six months, the class actions were settled for 27 million, considered to be the largest food contamination settlement in Canadian history. A number of arbitrations must be decided before the settlement funds can be distributed.
Salvage Deductible Class Actions: Security National, Primmum, Coseco and TD General Insurance.
The Charney Group represented four insurance companies who were defendants in a series of national class actions to recover hundreds of millions of dollars in automobile insurance deductibles. The certification hearing involved over 25 class actions and is considered to be the longest in Canadian history. Our firm argued a number of precedent setting motions and were successful in having all four class actions dismissed with substantial indemnity costs.
Menu Foods Class Action
In 2008, thousands of pets from across North America became ill or died as a result of consuming pet food manufactured by Menu Foods Inc. The Charney Group was contacted by over a thousand pet owners and commenced three national class actions. The Charney Group was the only law firm in Canada to commence class actions against national retailers and brand name distributors including Loblaws Inc., Sobeys Inc., Walmart, Pet Smart, The Iams Company and Nutro Products. The lawsuits were ultimately settled for 27 million U.S. and received court approval. Distribution of the settlement proceeds have been delayed because two pet owners in the United States appealed the decision.
Yordanes v. Bank of Nova Scotia
In 2001, the economy in Argentina collapsed, causing Scotia Bank Quilmes (“Quilmes”), a subsidiary of the Bank of Nova Scotia, to file for bankruptcy. The Charney Group was retained by a number of Argentine bondholders who had purchased bonds issued by Quilmes. Falconer Charney commenced an international securities class action lawsuit against Scotia Bank in Toronto to recover approximately 150 million U.S. owed by Scotia Bank Quilmes to the bondholders. The lawsuit was ultimately resolved in 2006*.
The bondholders recovered fifty cents on the dollar through a distribution made by Scotia Bank in parallel bankruptcy proceedings in Argentina. Largest percentage recovery from a bankrupt issuer in Argentine history.
* In accordance with standard practices on out of court settlements, the terms of the out of court resolutions are confidential where the parties so stipulate. The fact of the settlement is not.
Amoa Williams v. Allstate Insurance Company
The Charney Group represented a number of rehabilitation facilities and health practitioners in a test case to establish guidelines for payment of medical and rehabilitation benefits to automobile accident victims. The test case proceeded before the Financial Services Commission of Ontario and is now considered to be the leading case on determining eligibility for medical and rehabilitation benefits. This case has been cited as a leading precedent in over one hundred decisions of the Financial Services Commission.
“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
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
