Proven Courtroom Advocates · Offices in Toronto, Huntsville and Bowmanville

Topic

Appeal

Civil Litigation & Appellate Advocacy

Appellate advocacy and notable appeal outcomes, a core focus of the firm’s practice before the Court of Appeal for Ontario and other appellate courts.

Navy Davidson Cahill Morrison LLP card reading "No Coverage Until a Request Is Made", with a portrait of partner Chris Morrison.

No Coverage Until a Request Is Made: The Court of Appeal on Fleet Policies and OPCF 21A

A leased Honda Civic was in an accident in August 2020. It first appeared on a monthly fleet report a month later, and had been leased since 2017 without ever making the schedule of automobiles. In 2026 ONCA 553, the Court of Appeal held that OPCF 21A (c) means what its capital letters say: no coverage until a request for coverage is filed, and no coverage backdated to policy inception. Chris Morrison and Kathleen Lefebvre were counsel for the successful appellant.

Read More »
Interior of Osgoode Hall

Shaw Estate v. Handler – Court of Appeal Dismisses ER Doctor’s Appeal of Judgment Against Him Relating to Death of 34-Year Old Mother of 4

Elisha Shaw was 34 and a mother of four when she died after being discharged from an emergency department with an undiagnosed internal hernia. After a 12-day trial, the Ontario Superior Court found the emergency physician negligent. In Shaw Estate v Handler, the Court of Appeal for Ontario has now dismissed his appeal and upheld that finding, bringing the family a measure of finality nearly a decade on.

Read More »
Exterior of Osgoode Hall

First Court of Appeal Decision Released in 2025 a Win for Davidson Cahill Morrison LLP

The Ontario Court of Appeal’s first decision of 2025, Kramer v Ballantyne-Gaska, is a win for the firm’s clients. The Court dismissed the vendors’ appeal in full, upholding findings of breach of contract and fraudulent misrepresentation over undisclosed, non-compliant underground gas tanks, and rejecting their attempt to reduce the damages on a betterment theory.

Read More »