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Tim Crljenica

Partner

416.507.1884
tcrljenica@tgplawyers.com
3627
Assistant

Sasika Thrimavithana

416.507.1801
Sthrimavithana@tgplawyers.com

Education

  • Called to the Ontario Bar in 2013
  • J.D., University of Toronto (2012)
  • B.A. (Honors), University of Western Ontario (2009)

Experience
Reported Decisions
Areas Of Practice
Experience

Tim has practiced insurance and civil litigation with Thomas Gold Pettingill since 2013. His practice is focused in the areas of statutory accident benefits claims (including priority and loss transfer disputes), defence of personal injury claims, as well as property, subrogation, and coverage matters.

Tim has represented clients before the Court of Appeal for Ontario, the Superior Court of Justice, the Financial Services Commission of Ontario, 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.

Reported Decisions

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.

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.

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.

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.

Areas Of Practice
  • Insurance Litigation
  • Licence Appeal Tribunal Disputes
  • Coverage opinions/claims advice
  • Accident Benefits/SABS
  • Examinations Under Oath (EUO)
  • Coverage disputes
  • Minimum Maintenance Standards
  • Priority/loss transfer disputes
  • Coverage and Advice
  • Motor Vehicle Claims (Municipal Litigation)
  • Motor Vehicle Claims (Insurance Litigation)
  • Education Claims
  • Occupiers’ liability (Municipal Litigation)
  • Occupiers’ liability (Insurance Litigation)
  • Personal injury/occupiers’ liability
  • Personal Injury (Municipal Litigation)
  • Oil Spills/Environmental Liability
  • Municipal Litigation
  • Personal Injury (Insurance Litigation)
  • Property/commercial general liability
  • Professional liability
  • Product liability
  • Subrogated claims

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

smilne@tgplawyers.com

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  • Areas of Practice
  • Our Lawyers
  • News
  • Case Summaries
  • Careers

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

smilne@tgplawyers.com

  • Disclaimer
  • Privacy Policy
  • Statement of Principles

© 2020 Thomas Gold Pettingill LLP