Canada

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE. 

$12 MILLION WATER DAMAGE CLAIM AT HISTORIC CANADIAN HOTEL
Our client was installing a new boiler system when a mysterious pipe failure during final testing caused thousands of gallons of water to flood the hotel from penthouse to lobby. Our experts worked to evaluate the cause of the failure while we simultaneously challenged the substantial insurance settlement. While raising serious questions about the hotel’s failure to mitigate its damage, our experts demonstrated the hotel was repaired for a fraction of the insurance payout, resulting in a very reasonable settlement.

QUADRIPLEGIC ALLEGES MOTORCYCLE PRODUCT DEFECT
A plaintiff was riding our client’s motorcycle on a multi-day East Coast road trip when he lost control, was thrown from the motorcycle and hit a guardrail, never to walk again. Claims involved design and warnings defects along with allegations of faulty maintenance performed by a dealer. We modelled the incident site, used exemplar rides and other testing, and found key witnesses to support an accident reconstruction confirming that the plaintiff was far exceeding posted speed limits. When combined with his limited experience, and a wealth of positive product testing, we successfully settled the case during a multi-party mediation that saw two co-defendants contribute significantly more than our motorcycle manufacturer client.

STEAM ROOM BURNS ASPIRING MODEL
A plaintiff sustained third-degree burns when she opened the steam-room door at a popular Vancouver fitness club and was blasted with a wave of scalding steam. Our client, the manufacturer of the stream room’s temperature sensor, faced claims alleging manufacturing defects. Evidence from the fitness club confirmed multiple instances of members tampering with the sensor in order to increase temperatures within the steam room. Our defense focused on the fitness club’s negligence and failure to warn members despite knowledge the sensor had been damaged. Our product inspection also confirmed the sensor had been lost following the incident, and we used spoliation arguments to further support our successful voluntary dismissal from the case.

CONDOMINIUM PROJECT CAVEAT EMPTOR
From a poor design to incompetent contractors, this Toronto action involved more than a dozen defendants and millions of dollars of required remediation. Our client manufactured and maintained HVAC equipment for a condominium project and had been dragged (despite its best efforts) into a lawsuit that was filed just before the statute of limitations expired. Our goal from day one was a quick exit for our client and to avoid the costs associated with extensive document production and weeks of inevitable depositions. Using a strong liability defense and supporting affidavits from our client’s local branch team, we obtained an early Pierringer settlement while the remaining parties continued to battle for years after our departure.