Erin H. Durant

Practice Details

• Firm Information
  Position

  Senior Associate

  Firm Name

  Borden Ladner Gervais LLP
• Representative Cases & Transactions
  Cases

  Representative Work: Co-Counsel for an intervener before the Ontario Energy Board opposing a request by a utility to raise rates (Hearing ongoing).
  Co-Counsel before a five judge panel of the Court of Appeal on behalf of an insurer in a motor vehicle accident case defending a post-trial ruling granting an assignment of future accident benefits
  reducing the plaintiff's costs award, C62293 (Decision Pending).
  Counsel at the Court of Appeal on behalf of another lawyer upholding lower court decision that the claim against the lawyer disclosed no reasonable cause of action, 2018 ONCA 206.
  Counsel on ex parte motion regarding burial arrangements for deceased individual, Ottawa CV-17-75034.
  Jury trial counsel in the Superior Court of Justice, responsible for trial motions, in a motor vehicle accident case where liability
  damages were in dispute, CV-14-59774.
  Counsel to a national museum in an arbitration under the Canada Labour Code in lay-off grievance, 2017 CanLII 7045.
  Pro Bono counsel to a veteran of the Canadian Armed Forces on a Judicial Review to the Federal Court of Canada regarding a denial of his disability pension, 2017 FC 521.
  Author of application materials filed in the Superior Court of Justice on behalf of a title insurer for a declaration of the existence of a prescriptive easement or easement of necessity, 2015 ONSC 5014 rev'd 2016 ONCA 629.
  Jury trial counsel in the Superior Court of Justice for an insured defendant in a motor vehicle accident case involving allegations of chronic pain, 2016 ONSC 2942.
  Jury trial counsel in the Superior Court of Justice for an insured defendant in a pedestrian-motor vehicle accident case, 2016 ONSC 2075.
  Author of motion materials in the Superior Court of Justice in support of an order that no settlement was made between parties to litigation, 2015 ONSC 4394.
  Acted as agent for a lawyer who sought to amend a statement of claim to substitute John Doe parties after the expiry of the limitation period. The case involved issues of misnomer, due diligence
  lack of prejudice, 2014 ONSC 7374
  Author of motion materials in the Superior Court of Justice opposing a motion for summary judgment brought on the eve of a jury trial, 2014 ONSC 2513 leave to appeal denied 2014 ONSC 3043.
  Counsel in the Superior Court of Justice arguing against the enforcement of a settlement on the basis of mistake, 2014 ONSC 133.
  Author of application materials filed in the Superior Court of Justice on behalf of a title insurer regarding ownership of a strip of l
  
  the existence of a prescriptive easement, 2014 ONSC 4969.
  Counsel at the Ontario Court of Appeal in a case involving discoverability, limitation periods
  subrogated insurance claims 2013 ONSC 7130 aff'd 2014 ONCA 385
  Jury trial counsel in the Superior Court of Justice in a motor vehicle accident case where the sole issue was liability, Barrie CV-070969.
  Articling student at trial in the Superior Court of Justice for a corporation alleged to have oppressed minority shareholders, 2013 ONSC 1525.
  Articling student for a hospital linen service at an interest arbitration under the Hospital Labour Disputes Arbitration Act, 2011 CanLII 33175.