Friday, October 15, 2021 | 10:00 am - 12:00 pm EDT CDL Members Free Non-Members $56.50
Accreditation: 1.5 hours Professionalism
David & Goliath No More: The Levelling of the Litigation Battlefield post-Przyk
Todd McCarthy, Flaherty McCarthy LLP Dennis Ong, Aviva Trial Lawyers Jeffery Crannie, Crannie Law Susannah Margison, Aviva Trial Lawyers Andrea Dias, College of Physicians and Surgeons of Ontario Jim Vigmond, Oatley Vigmond LLP Maia Bent, Lerners LLP
Chaired by Bronwyn Martin, Moodie Mair Walker LLP
In December 2019, a Defendant insured by Aviva ran an Occupier’s Liability jury-trial against the Plaintiff Anna Przyk. Despite the Defendant’s complete success before the jury on the merits of the case, the trial judge respectfully declined to award costs to the successful Defendant. Along with the denial of costs was disparaging commentary from the trial judge regarding the insurer’s conduct, and further commentary on the comparison of the parties as being “David and Goliath”. This CPD recounts the story of how a rare costs appeal was argued at the Court of Appeal and the precedential result that was released in April 2021.
Witness the interesting discussion between our fully-stacked panel which will provide balanced perspectives from both Plaintiff and Defence trial teams, and the Appellate counsel at the Court of Appeal. Also hear from notable industry senior counsel and expert academics in the area of Costs.
Hear from our esteemed panel regarding the following: The Presumptive Rule on Costs; the Court of Appeal’s commentary on “levelling the playing field” through contingency fee agreements, third party litigation funding and adverse costs insurance; the transition from the victorious trial to a losing costs decision; the decision to appeal the costs decision and the response; virtual Appellate litigation; in-house and external law firm cooperation, the concept of “novelty” with respect to costs; what is “playing hardball”?; Offers to Settle vis-à-vis Costs awards, and much, much more.
Join us to discuss how Przyk has changed the trial landscape with respect to the levelling of a tilted playing field in the world of insurance and civil litigation.
Do you have a trial scheduled in your future? Do you have a successful or unsuccessful matter you wish to make costs submissions on? If so, this is a must-see event.