Pamela Pengelley – Cozen O'Connor

COZEN O'CONNOR One Queen Street E., Suite 1920
Toronto, Ontario M5C 2W5, Canada

  • 416-361-3200 Ext:.224
  • 416-361-1405

Fessing Up To Facebook: Recent Trends in the Use of Social Network Websites for Insurance Litigation

Abstract: For professional "fact-gatherers" such as lawyers, insurance adjusters, claims handlers and private investigators, the vast wealth of information that people volunteer on Facebook can be a goldmine or a smoking…more
| Civil Procedure, Communications & Media Law, Insurance, Privacy, Science, Computers, & Technology

Indemnity and Infidelity: Advancement of Defence Costs in Actions 'By...the Corporation'

Abstract: Indemnification refers to the financial protection provided by the corporation for its directors. It shields directors from expenses and liability of legal proceedings alleging breaches of their duty to the…more
| Civil Remedies, Commercial Law & Contracts, Education, Insurance, Professional Malpractice

Reality Cheque: Bank Liability for Fraudulent Bills of Exchange

Abstract: Where an insured is the victim of a fraudulent check scheme, fidelity insurers seeking to recover monies paid out under their policies often find that the perpetrator has very little in the way of assets to…more
| Business Torts, Civil Remedies, Finance & Banking, Insurance
State Farm Insurance Company v. Jean Brijlal

Reasons for Decision

Civil procedure — Injunctions — Considerations affecting grant — Serious issue to be tried or strong prima facie case — Preservation of property — Mareva injunctions — The plaintiff successfully sought a Mareva injunction,…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

Foresight in Hindsight: An Insight into Ahmed v. Stefaniu and De-Biasing Legal Evaluations of Reasonable Care

Abstract: The recent Ontario Court of Appeal decision in Ahmed v. Stefaniu, [2006] O.J. No. 4185 (C.A.) is considered in detail. This case involved a jury verdict of negligence against a psychiatrist who had previously decided…more
| Civil Procedure, Civil Remedies, Education, Personal Injury, Products Liability

Confidentiality and Disclosure in Mediation: When the Chicken Won't Talk

Abstract: In the absence of statutory protection for confidentiality of mediation communications in Ontario, courts must rely on the common law to determine what should be protected and what may be divulged. This article…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Methods for Enforcing Civil Judgments in Ontario

Abstract: Obtaining a judgment against a defendant in a subrogated action may often be only the first step in a long process - obtaining a judgment is no guarantee of obtaining payment. When a court issues a judgment, it…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Products Liability
Hollinger Inc. v. American Home Assurance Co.

Reasons for Decision

Civil procedure — Costs — Assessment or fixing of costs — Whether amount fair and reasonable — Two primary insurers who tendered joint limits of $50 million to fund derivative action against Hollinger in Delaware awarded…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

The 'Q & A' on Freight Forwarders: Who are They? What Do They Do? When are they Liable?

Abstract: When goods are damaged during transport, the seemingly obvious targets in a subrogated action are usually the "carriers", being the parties who were contracted to handle and transport the goods. There is,…more
| Commercial Law & Contracts, Insurance, Maritime Law, Transportation

Anticipation of Litigation: The Role of Litigation Privilege in Subrogated Claims

When an insurer steps into the shoes of its insured and commences a subrogated action against the parties who caused an insured loss, it is often desirable for the insurer to withhold the production of certain documents that…more
| Business Torts, Commercial Law & Contracts, Insurance, Products Liability
State Farm Insurance Company v. Jean Brijlal and Roy Brijlal

Reasons for Decision

Civil procedure — Judgments and orders — Default judgment — Setting aside — Defence on the merits — Noting in default — Reasonable excuse for default — Motion by defendant to set aside the noting in default and the default…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance
Hollinger Inc. v. American Home Assurance Co.

Reasons for Decision

The Third and Fourth Excess Insurers provided coverage to the Insured Company under policies that are part of what is known as a "ladder" scheme. The Primary Policy and the First and Second Excess policies were exhausted as a…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

A Compelling Situation: Enforcing American Letters Rogatory in Ontario

Abstract: Where a party seeks to take evidence from an unwilling party in a foreign jurisdiction, a formal request for judicial assistance must be made by the party's domestic court to a court in the foreign jurisdiction…more
| Civil Procedure, Civil Remedies, Conflict of Laws, International Law & Trade

Something To Prove: The Impact of the Burden of Proof in Property Damage Claims

Abstract: This article provides an overview of some basic legal principles that come into play in determining the burden of proof in a subrogated property damage case. As this article discusses, depending on the facts,…more
| Civil Procedure, Insurance, Products Liability

Time's Up! Limitation Periods for Subrogated Actions in Canada

Abstract: All legal proceedings, including subrogated recovery actions, must be commenced within a certain period of time set out by legislation. The time period in which an action can be brought is called a limitation…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance
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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Business Torts
  • Commercial Law & Contracts
  • Finance & Banking
  • Insurance
  • International Law & Trade
  • Litigation
  • Products Liability
  • Transportation
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