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Joseph La Madrid
Education
Tim has practiced insurance and civil litigation with Thomas Gold Pettingill since 2013. His practice is primarily focused on the defence of personal injury claims, statutory accident benefits claims (including priority and loss transfer disputes), property damage claims, construction losses, and coverage matters. Tim has also acted for plaintiffs in subrogated matters and property claims.
Tim has represented clients before the Court of Appeal for Ontario, the Superior Court of Justice, the Licence Appeal Tribunal, the Workplace Safety and Insurance Appeals Tribunal, and in private mediations and arbitrations.
Tim studied law at the University of Toronto. He completed his undergraduate studies at the University of Western Ontario, where he earned his degree in Honors Specialization in Economics and graduated at the top of his class.
Breaking Ground Drilling and Blasting Inc. v. A.D. Hanslip Excavating, 2024 ONSC 6836 – Successfully acted for insurer third partied into an action striking defendant’s claim for coverage and indemnity under a policy issued to the plaintiff.
Decision No. 578/24, 2024 ONWSIAT 1558 – Successfully represented the accident benefits insurer in a “right to sue” application relating to two transport truck drivers.
Botari v. The Dominion of Canada General Insurance Company, 2024 CanLII 61870 (ON LAT) – Represented the insurer in a dispute regarding IRBs and pre-accident income calculation.
Dosen v. Venmar Ventilation Inc. (April 10, 2024) Hamilton 19-69516 and 15-53634 (ONSC) – Successfully represented a defendant in resisting a claim for full indemnity contractual costs by a co-defendant.
White v. Santos (November 24, 2023) Windsor CV-20-00029111-0000 (ONSC) – Successfully represented the OPCF-44 insurer in obtaining default judgment against the at-fault driver and vehicle owner for the full settlement paid to the plaintiff.
G & G 878996 LM Ltd. v. Town of Whitby, 2023 ONSC 4895 – Acted for the property insurer in a summary judgment motion relating to a fire loss and subsequent municipal safety orders.
Decision No. 1396/22, 2023 ONWSIAT 870 – Successfully acted for the motor vehicle accident defendants in a WSIB “right to sue” application, barring the plaintiff from seeking damages from the defendants.
Chubb Insurance Co. of Canada v. Zenith Insurance Co. (Arbitrator Kenneth Bialkowski, 24 May 2023) – Successfully represented Chubb in a priority dispute regarding availability of Ontario accident benefits from an Alberta automobile insurance policy.
Mizen Holdings Corp. v Toronto (City), 2023 ONSC 1882 – Represented the third parties in a summary judgment motion relating to a construction water loss, and CCDC contracts.
Van Noten v. Bulbulia (June 23, 2022) Toronto CV-18-00594727-0000 (ONSC) – Successfully represented the OPCF-44 insurer in obtaining default judgment against the at-fault driver for the full settlement paid to the plaintiff.
Caradoc Townsend Mutual Insurance Co. v. Economical Mutual Insurance Co. (Arbitrator Philippa Samworth, 27 January 2022) – Successfully recovered costs following a loss transfer arbitration where the result matched an Offer to Settle.
Vincent v. The Economical Insurance Group, 2021 ONSC 7169 – Successfully compelled the plaintiff to participate in appraisal under the Insurance Act and his insurance policy.
Caradoc Townsend Mutual Insurance Co. v. Economical Mutual Insurance Co. (Arbitrator Philippa Samworth, 18 August 2021) – Successfully resisted Caradoc’s demand for 100 percent loss transfer related to a motorcycle collision in a parking lot.
M.A.H. v. Travelers Insurance, 2021 CanLII 45661 (ON LAT) – Successfully defended the accident benefits claim for income replacement benefits, removal from the Minor Injury Guideline, and various medical benefits.
Knott v. State Farm Mutual Automobile Insurance Co., 2020 ONSC 7672 – Successfully moved to dismiss the applicant’s judicial review application on the basis of delay.
Henry et al. v. Henry et al. (January 21, 2020) Toronto CV-17-585656 (ONSC) – Successfully moved for dismissal of the action due to plaintiffs’ failure to participate in discoveries. Costs awarded to the defendants.
Travelers v. Scottish & York (Arbitrator Shari Novick, 4 December 2019) – Represented the applicant in a priority dispute relating to “regular use”.
Ontario (Minister of Finance) v. Dominion of Canada General Insurance Co. (Arbitrator Ken Bialkowski, 2 October 2019) – Successfully resisted the Fund’s demand for adjusting costs related to a priority dispute and accident benefits claim.
Van Noten v. Bulbulia, 2019 ONSC 5037 – Represented the OPCF-44 insurer in a summary judgment motion relating to a driver’s consent to operate a vehicle.
G.R. v. Travelers Canada, 2019 CanLII 101628 (ON LAT) – Successfully defended the claim for attendant care benefits.
Travelers Insurance v. C.B., 2019 CanLII 101508 (ON LAT) – Successfully sought repayment of over $13,000 in income replacement benefits from the claimant who had started a new job similar to her pre-accident job but failed to report it to the insurer.
H.A. v. Travelers Insurance, 2019 CanLII 34610 (ON LAT) – Successfully defended the claim for ongoing income replacement benefits and removal from the Minor Injury Guideline.
C.C. v. Economical Mutual Insurance Co., 2018 CanLII 140347 (ON LAT) – Successfully acted for the insurer in having the claim for income replacement benefits denied based on the limitation period.
State Farm Mutual Automobile Insurance Co. v. Baradaran, (FSCO A13-014023, 23 October 2018) – Successfully acted for the insurer in removing the claimant’s representative in accordance with the Statutory Powers Procedures Act.
Salibi v. Dominion of Canada General Insurance Co. (August 28, 2018) Windsor CV-14-20339 (ONSC) – Successfully acted for the insurer in having the plaintiffs’ action dismissed due to their failure to comply with Rule 15.04.
State Farm Mutual Automobile Insurance Co. v. Baradaran, (FSCO P17-00036, 15 June 2018) – Successfully acted for the insurer in an appeal in which the Director’s Delegate granted the insurer the right to seek repayment of attendant care benefits.
State Farm Mutual Insurance Co. v. Economical Mutual Insurance Co., 2018 ONSC 3496 – Successfully defended an appeal of the underlying priority arbitration decision relating to whether an “accident” had occurred and whether the claimant had “regular use” of a work vehicle.
Decision No. 1629/18, 2018 ONWSIAT 1799 – Successfully acted for the insurer in a WSIB “right to sue” application against an accident benefits claimant who was an occupant in a transport truck.
State Farm Mutual Automobile Insurance Company v. F.B., 17-001368/AABS (ON LAT) – Successfully sought repayment of accident benefits paid to the claimant, who had submitted duplicate invoices to State Farm and the Trillium Drug Program.
Decision No. 155/18, 2018 ONWSIAT 327 – Successfully acted for the insurer in a WSIB “right to sue” application against an accident benefits claimant.
Thomas and Dominion of Canada General Insurance Co. (FSCO P16-00074, 13 December 2017) – Successfully acted for the insurer in resisting the claimant’s appeal regarding entitlement to income replacement benefits.
State Farm Mutual Automobile Insurance Co. v. Economical Mutual Insurance Co. (Arbitrator Fred Sampliner, 24 March 2017) – Successfully acted for the first party insurer in a priority dispute relating to “regular use.” The defending insurer also took the position that an “accident” had not occurred.
Portage La Prairie Mutual Insurance Co. v. Royal & SunAlliance Insurance Co. of Canada (Arbitrator Shari Novick, 27 January 2017) – Successfully acted for the first party insurer in a claim for loss transfer indemnification. This decision relates to the requested disclosure of privileged records.
Van Galder v. Economical Mutual Insurance Co., 2016 ONCA 804 – Represented the insurer in an appeal relating to SABS interest.
Thomas and Dominion of Canada General Insurance Co. (FSCO A15-002776, 19 September 2016) – Successfully acted for the insurer in respect of a self-employed applicant seeking income replacement benefits and a special award.
Nyaberi v. State Farm Mutual Automobile Insurance Co. (February 8, 2016) Toronto CV-15-521591 (ONSC) – Successfully acted for the insurer in a summary judgment motion relating to the plaintiff’s failure to mediate his claim for accident benefits prior to filing a Statement of Claim.
Moustapha v. State Farm Mutual Automobile Insurance Co. (FSCO A12-007756, 28 September 2015) – Represented the insurer in an alleged staged accident SABS claim.
Van Galder v. Economical Mutual Insurance Co., 2015 ONSC 3261 – Represented the insurer in an application relating to SABS interest.
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150 York Street, Suite 1800
Toronto, Ontario M5H 3S5
416.507.1850
© 2020 Thomas Gold Pettingill LLP