The Charney Group of Lawyers represents individual clients, small to medium sized businesses, professionals, employers and institutions. Whether we are acting for an individual or an institution, we are dedicated to providing all of our clients with the highest quality of legal services and representation.
Our lawyers are experienced in many areas of law. Known for our versatility, we offer a diverse range of services including Personal Injury, Class Proceedings, Commercial Litigation, Insurance Defence, Employment Law, Medical Malpractice, Food Borne Illness, Construction Law and Appeals.
The Charney Group of Lawyers also litigates complex, high stakes cases in numerous practice areas. Many have received media attention and a significant number of these cases have been precedent setting.
The Charney Group of Lawyers has an established reputation for excellence in advocacy. When you retain our firm, your adversary knows that you have tough, effective counsel on your side.
What's New
May 8, 2012 - Stekel v. Toyota Motor Corporation
Justice Moore of the Ontario Divisional Court denied the defendant's leave to appeal from the decision finding that Toyota Motor Corporation could be added as a defendant in this lawsuit.
Click here for Decision, dated April 27, 2012
April 30, 2012 - 2 Secord Class Action
Justice Strathy of the Ontario Superior Court of Justice upheld the decision of Master Haberman in which she ordered Toronto Hydro to answer questions relating to the investigations it conducted following the explosion on July 20, 2008.
Click here for Decision, dated April 30, 2012
March 7, 2012- Falling Glass Class Actions
The Charney Group together with Sutts Strosberg LLP launch class actions relating to falling glass at the Murano and TIFF Festival Towers.
Murano Falling Glass Class Action
February 29, 2012- Via Rail Train Derailment
The Charney Group, along with Sutts Strosberg LLP, has filed a class action lawsuit on behalf of the victims from the Via Rail Train Derailment, which occurred on Sunday, February 26, 2012, in Burlington, Ontario.
Notice of Action, dated February 28, 2012
Via Rail Train Derailment Site
February 16, 2012 - 2 Secord Class Action
Master Haberman released her decision granting our motion seeking answers from Toronto Hydro regarding investigations carried out by them following the explosion on July 20, 2008.
Click Here for the Decision, dated February 16, 2012
January 25, 2012 - Morriseau Family v. Gabe Vadas
The claim regarding the distribution of the estate of Norval Morrisseau, filed in BC Supreme Court by the seven children of Norval Morrisseau, has been resolved in an out of court settlement.
Click here for Press Release, dated January 25, 2012
January 13, 2012 - IQT Solutions Class Action
Raymond Chabot inc. has released its report to the creditors on the preliminary adminsitration of the estate of IQT, Ltd.
Click here for Trustee's Report to Creditors, dated January 10, 2012
December 23, 2011 - IQT Solutions Class Action
The Quebec Superior Court has approved an application declaring IQT Ltd. bankrupt. The first meeting of creditors is scheduled for January 13, 2012, in Montreal.
December 16, 2011 - Sunrise Propane Class Action
Justice Horkins declined to endorse the consent certification order proposed by the plaintiffs and approximately 20 defendants in this class action. The Charney Group is now preparing to argue certification which is scheduled to be heard on May 14 - 18, 2012.
Decision, December 16, 2011
November 1, 2011- Stekel v. Toyota Motor Corporation
The Superior Court released extensive reasons dismissing an appeal brought by Toyota Motor Corporation, the largest car manufacturer in the world. Toyota objects to being included in the lawsuit because the action was commenced outside of the limitation period.
The Court found that our client, Karen and Maurice Stekel, may include Toyota in their lawsuit. The decision provides a detailed history of the problems experienced by Toyota with sudden acceleration and provides a thorough review of the developing law of misnomer as justifying an exception to a missed limitation period. In this case, another law firm had started the claim and failed to sue Toyota within the limitation period. As usual, Toyota is seeking leave to appeal to the Divisional Court. There have been five motions and two appeals to date.
Decision. November 1, 2011
October 27-28, 2011- Sunrise Propane Class Action
Ted Charney and Michelle Kemper represented the plaintiffs on a motion to certify the Sunrise Propane Action as a Class Action. The decision is under reserve. It is expected that the Court will release a decision by year end.
October 25, 2011- Ison Auto v. Zurich Insurance Company
The Ontario Court of Appeal dismissed an appeal brought by Zurich and Chartis (AIG) Insurance, who were seeking to take over control of a lawsuit brought by Toronto Honda, a local car dealership. This decision will have implications for all consumers who sustain damages that are only partially covered by insurance and who wish to sue to recover the rest. Until now, insurers would take control of litigation so as to recover the amount that the insurer paid to their customer, leaving the customer at the mercy of their insurer, to recover the rest of their damages that were not covered by insurance. In this case, Honda had a claim for lost profits on 71 vehicles destroyed in an explosion and wanted to control the litigation to recover their damages. Now the Ontario Court of Appeal has made it clear that it is the customer-the insured, who controls the litigation, and not the insurance industry. Ted Charney and Michelle Kemper were counsel on the appeal for Honda. One of the issues was the ability or quality of counsel to litigate the claim. On this point, the Court of Appeal adopted a finding of the motions judge that “Falconer Charney and Sutts Strosberg are unquestionably qualified to act as counsel”. See Ison T Auto Sales v Zurich.
Decision, dated October 25, 2011
October 19, 2011- Ison Auto v. Zurich Insurance Company
Ted Charney and Michelle Kemper appeared in the Court of Appeal on behalf of the Respondents. The appeal was dismissed for reasons released on October 25, 2011.
October 4, 2011- Stekel v. Toyota Motor Corporation
Ted Charney and Michelle Kemper argue the appeal of the Order adding Toyota Motor Corporation as a Defendant. The appeal was brought by Toyota Motor Corporation. The Court has reserved its decision.
August 17, 2011- IQT Solutions Class Action
The Charney Practice Group has commenced a class action lawsuit on behalf of all dismissed IQT Solutions employees against the officers, directors, shareholders and affiliated companies of IQT, Ltd.
Click here for Notice of Action, dated August 16, 2011
Click here for Press Release, dated August 16, 2011
Click here to view the IQT Solutions class action page
July 29, 2011- Woodstock Apartment Class Action
On July 29, 2011, the law firms of Falconer Charney LLP and Sutts, Strosberg LLP commenced a class action on behalf of the residents of 168 Victoria Street South who sustained damages as a result of the explosion on March 27, 2011.
Click here for the Notice of Action, dated June 29, 2011
Click here for the Statement of Claim, dated July 29, 2011
In the News
"Explosion victims file lawsuit." August 5, 2011
June 22, 2011- The Superior Court requires insurers to pay Toronto Honda’s costs in a battle for control of litigation. The Court describes the application as “hard fought and contentious”.
Costs Endorsement. June 22, 2011
May 9, 2011 – Ontario Fire Marshal Releases Report into Secord Apartment Building Explosion
In a comprehensive report into the cause of the explosion at 2 Secord Avenue, the Fire Marshal’s office found that the two transformers owned by Ontario Hydro overheated, causing mineral oil to escape from the transformers and come into contact with arching electrical conductors, creating the ignition.
The Fire Marshal found that the Hydro vault was secured by locks placed on the outside of the metal clad doors barring access to anyone other than authorized Hydro personnel. The Fire Marshal discovered that there was NO existing heat detection system within the vault. Furthermore, the Fire Marshal found that while the Hydro transformers were equipped with a heat detecting system, Hydro did not connect the transformers to the building alarm system, which would have allowed for an early warning of the overheating of the transformers.
A subsequent examination of the alarm room located directly across from the Hydro vault revealed that there had never been, nor was there present at the time of the fire, a system for monitoring the heat within the vault or the transformers. Hydro personnel were the only ones who had access to the vault.
Hydro continues to deny responsibility for the explosion.
Falconer Charney LLP and Sutts Strosberg LLP are counsel for the class members. Counsel have brought a Motion to compel Hydro to reveal the results of their own internal investigation into the explosion. Hydro refuses to produce any documents or provide any information with respect to their investigation into the explosion.
Click here to see Motion Record
May 2, 2011- Ted Charney and Jack Parsekhian speak to residents of Kingston Road Apartment Building. For more information visit our class action web site here.
April 7, 2011 - The Superior Court gives the plaintiffs a green light to sue Toyota Motor Corporation in sudden acceleration litigation. Toyota Motor Corporation is the head office of Toyota, located in Japan. Toyota vigorously opposed their inclusion in the lawsuit but the court ruled in favour of the plaintiffs. Ted Charney and Michelle Kemper represented the plaintiffs on the motion. This decision is currently under appeal.
April 5, 2011 - The United States District Court for New Jersey approves the settlement in the Menu Foods Class Action, for the allocation of purchase claims.
The allocation approval was the final element to complete the settlement approval process because the class action was referred back to the District Court after the release of the Court of Appeal decision on December 16, 2010. Counsel expect the claims administrator will begin distributing payment in approximately 30 days.
March 28, 2011 - On March 27, 2011, an explosion and fire took place in the apartment building located at 168 Victoria Street South, Woodstock, Ontario. The law firms of Falconer Charney LLP and Sutts, Strosberg LLP are commencing a class action on behalf of the residents of 168 Victoria Street South who sustained damages as a result of the explosion on March 27, 2011.
For more information please visit:
Woodstock Apartment Class Action
March 25, 2011 - The Superior Court dismisses application brought by insurance companies to seize control of lawsuit commenced by Toronto Honda.
Ted Charney and Michelle Kemper were counsel for Toronto Honda on the application. This decision clearly establishes that insurance companies must allow their customers to control all litigation until their claims are fully satisfied. This decision is currently under appeal.
February 15, 2011 - A woman who contracted listeriosis as a result of eating sandwich meats manufactured by Maple Leaf Foods is awarded approximately $400,000.00. This is the largest amount awarded to a single class member. Ted Charney was counsel for the family at the hearing.
January 18, 2011 - The Ontario Divisional Court delivers reasons in landmark judicial review, setting aside a decision of the Ontario Human Rights Tribunal as "fatally flawed". This is the first time a decision of the Ontario Human Rights Tribunal has ever been set aside. Ted Charney and Julian Roy represented the successful parties who were the employer, Audmax and its Chief Executive Officer, Maxcine Telfer.
January 11, 2011 - The Superior Court orders insurance companies to hold off on lawsuits to recover damages from the Sunrise Propane Explosion. The Court awards class counsel $60,000.00 in legal fees because the insurers misrepresented the facts and needlessly ran up costs. This is the first decision in a class action to consider the rights of class members to control the litigation, where there are competing insurance claims. Ted Charney was lead counsel on the motion.
December 22, 2010 - The Superior Court certifies the Kingston Road Class action lawsuit. A class action was commenced on behalf of the residents of an apartment building at 3650/3640 Kingston Road, Toronto, Ontario for damages sustained as result of an explosion on March 19, 2009. The Court has now decided the action can proceed as a class action. Ted Charney was class counsel on the certification motion.
December 16, 2010 - The United States Court of Appeals for the Third Circuit dismisses the appeal of Menu Foods class action settlement approval. This transnational class action was settled in 2008 and gained court approval in Canada and the United States. The claims of approximately 20,000 pet owners have been delayed because pet owners in the USA decided to appeal. At this stage, the matter has been returned to the Circuit Court to clarify one issue. It is anticipated that the settlement funds will be distributed in the Spring of 2011. Ted Charney is class counsel in three class actions commenced in Ontario and is part of the consortium of law firms with carriage in Canada.
November 12, 2010 - A three judge panel of the Ontario Divisional Court blasts Toyota for their unfair and unnecessary litigation tactics in resisting production of the records from their expert’s inspection of the plaintiff's vehicle. In this case the Plaintiff, Karen Stekel, alleges that her Lexus suddenly accelerated, causing serious personal injury. The Panel awarded the plaintiffs their costs for two appeals and a motion for leave to appeal. Ted Charney was lead counsel on the appeal. Toyota is seeking leave to appeal to the Court of Appeal.
September 22, 2010 - The Superior Court fixes costs of the plaintiffs on injunction at $60,000.00 to $90,000.00 and orders the defendants to pay $20,000.00 up front for withholding important evidence during the hearing. The plaintiffs, who own international health food product SALBA, were represented by Ted Charney and Julian Roy on the motion.
August 3, 2010 - The Ontario Fire Marshal releases a report on thr cause of the explosion at the Sunrise Propane Plant. Class counsel move to add manufacturers of certain allegedly defective parts to the class action.
June 30, 2010 - Family of famous Aboriginal artist Norval Morrisseau commence proceedings to recover their legacy. The trial is to proceed in Vancouver, to decide rights to the late artist’s images, name and reproductions. Ted Charney is co-counsel in the proceedings.
April 2010 - The plaintiffs in sudden acceleration litigation against Toyota seek to include parent corporation, Toyota Motor Corporation in the lawsuit. The motion reveals that Toyota knew about problems since 2004. Ted Charney and Michelle Kemper represented the plaintiffs on the motion.
Decision under reserve
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