Alf Kwinter will be teaching at the Trial Practice Course at Osgoode Hall Law School
Every Tuesday this fall

Alf Kwinter will co-chair the Advocates’ Society's education program
Date: April 17, 2009
Topic: Advanced Litigation Skills Certificate Program:
The Judges Respond

Alf Kwinter will be co-chairing 2009 Court House Series.
Date: February 2009

Alf Kwinter to be part of a four-person panel comprised of plaintiffs'.
Date: November 13, 2008
Topic: Negotiation
ARC Group
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Alf Kwinter discuss' Insurance Litigation and Jury Trials.
Date: October 28, 2008
Topic: Insurance Law: "What you need to Know"
Ontario Bar Association

Alf Kwinter discuss' punitive and aggravated damages in bad faith claims.
Date: October 27 - 28, 2008
Topic: Litigating Disability Insurance Claims
The Canadian Institute
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Alf Kwinter will mentor at a young lawyers’ conference
Date: October 17 - 18, 2008
Topic: Litigatiion by the Lake - Fall Forum 2008
Where: Queens Landing, Niagara-on the Lake
Mentor at young lawyers’ conference

Alf Kwinter will discuss: The Rule in Browne v. Dunn today.
Date: October 16, 2008
Topic: The 5th Annual Osgood Professional Development Conference on Evidence Law for The Civil Litigator

Alf Kwinter will present at the Division of Physiatry Fall Retreat
Date: October 3, 2008
"Spoliation" article by Shane Katz.
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Punitive and Aggravated Damage Awards in Disability Claims by Alf Kwinter.
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Groundbreaking Decisions

As one of Canada's leading Personal Injury and Insurance lawyers for the past thirty years, Alf Kwinter has won many victories for his clients and has been responsible for setting many groundbreaking decisions in the courts.

Trials:

The following list of trials won by Alf Kwinter represents significant and precedent setting verdicts within the Canadian legal system.
  1. Urzi vs. North York Board of Education
    • One winter morning Mrs. Urzi fell outside her daughter's school after dropping her off for a field trip. The fall shattered her kneecap.
    • While snow and ice are common phenomenon in Canada throughout the winter months, the judge ruled in favor of Mrs. Urzi as there was no other route available for her to take. She cut through the school, however upon leaving the building, the door locked from the outside leaving the only route back to her car a walkway that had not been cleared of ice.
    • Three years later on a trip to Italy, Mrs. Urzi's knee gave out due to these same injuries suffered in the first fall causing a broken hip.
    • The court held the North York Board of Education accountable for both injuries.


  2. Rodrigues vs. Allstate Insurance
    • After Mr. Rodrigues's house burned down, the insurance company immediately refused to pay the claim stating the house was a rooming/boarding house based on previously installed locks.
    • Following an investigation, Alf Kwinter proved this was not a rooming house shared by other tenants and the locks referenced had been installed by the previous owner.
    • The court ruled Rodrigues should be reimbursed for the full cost of the property as well as $100,000 in solicitor/client costs.


  3. Golding vs. Citadel Insurance
    • When a 35 year old woman died suddenly and the insurance company wouldn't pay her husband the proceeds from her policy, Alf Kwinter began to investigate thoroughly how it happened.
    • Through the findings of a diet pill containing PPH and consulting with a pharmacologist, they proved that Mrs. Golding was taking the diet pills and that the PPH in the pills had caused a cardiac arrhythmia.
    • Alf Kwinter won the case as well as the appeal. PPH has since been taken out of all such products and off the market.


  4. T. Leonard vs. Manulife
    • After a construction accident, Mr. Leonard severed his spinal cord and lost function from the waste down. His policy through Manulife covered loss of use of both his lower limbs.
    • However, Mr. Leonard continued to rehabilitate himself and through the building of muscles in his pelvis taught himself how to swing his legs around to slowly 'walk'.
    • After learning of this, the insurance company refused to pay, stating Mr. Leonard had 'rehabilitated out of (his) claim.'
    • At trial, Alf Kwinter argued and the judge agreed, that Mr. Leonard had not in fact rehabilitated out of the claim as he could not walk in a controlled manner. He had rather taught himself to use his legs as prostheses, confirming he still had not regained any feeling or controlled motion below his waist. Alf Kwinter's client was awarded the full claim plus interest and all legal costs.


  5. Plester vs. Wawanesa Insurance Co.
    • When the Plester's furniture store burned down in 2003, the insurance company refused to pay and blamed the Plester's arson for the cause of the fire.
    • After a five week trial the jury awarded the Plester's $525,000 punitive and aggravated damages in addition to their claim
    • The punitive damage award is the highest award upheld against an insurance company by the Ontario Court of Appeal.


  6. Mazza vs. Hamilton Township Insurance Co.
    • In July 2003, following a seven and a half week trial involving a fire loss claim, a St. Catharines jury awarded Alf Kwinter's client, Frank Mazza, the amount of the claim plus $2,000,000 for punitive damages - a new Canadian record. The co-plaintiff, whose claim was for $30,000 contents was awarded $500,000 punitive damages.
    • The Judge awarded Alf Kwinter full costs of trial plus $250,000 premium.


  7. Kamin vs. Kawartha Dairy
    • For the first time in Canada, Alf Kwinter established that one does not need to remember the exact location of an accidental fall to be reimbursed for injuries.
    • Mrs. Kamin fell in the parking lot outside the popular Kawartha Dairy and broke her hip.
    • As the lot was in poor repair, Alf Kwinter argued that the condition of the lot "most likely" caused the fall, although the exact location could not be determined. The Ontario Court of Appeal agreed.
    • This appeal established a new law for slip and fall cases.


  8. Oldfield vs. Transamerica Insurance Company
    • When Mrs. Oldfield's husband died suddenly due to a criminal act, the insurance company refused to pay her the proceeds of his life insurance policy, claiming that they would not pay because of the crime.
    • Alf Kwinter took the case to the Supreme Court of Canada which rendered the decision that public policy would not bar the rights of an innocent beneficiary to obtain proceeds of a life insurance policy regardless of the criminal activities associated with the insured's death.
    • This was a groundbreaking decision and made front page news across the country.


  9. Wong vs. Arnold
    • When Mr. Wong's newspaper was not delivered, he went to his paperboy's home to find out why. As he stood in front of the home he was attacked by a large German Shepard dog, who was sitting on the front porch.
    • Alf Kwinter sued the dog's owner and received what was then a record award for a dog attack.
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