Nov 4 2012

Jane Jones v Grocery Store Chain (Settlement Subject to Confidentiality Agreement)

In this personal injury case, the plaintiff was injured as a result of a fall in a grocery store in 2009. Mr. Shekter obtained an order expediting the trial of the case. The case settled for well over $1.5 million (including the award for family members), one of the largest awards ever received in Canada for a 93 year old plaintiff. The funding will enable the plaintiff to obtain the care that she so desperately needed. Mr. Shekter was also successful in obtaining significant settlements on behalf of the injured plaintiff’s family members.

(unreported)

Mar 30 2012

Gardner v. Hann

In this 2012 2 month personal injury jury trial, Mr. Shekter was successful in obtaining a $2.2 million jury verdict on behalf of a 16 year old injury young who was 23 years old at the time of the trial including a $112,000 verdict on behalf of her mother. The case created a new category of damages for the uninjured family members - in this instance, the mother’s Family Law Act claim. It was based on evidence that the Mother had to keep on ‘stand-by’ to be available to her daughter who had increased difficulties as a result of the accident. The damages awarded for future loss of income were based on the theory, accepted by the jury,  that because of the accident the plaintiff would no longer be able to become a school teacher. Mr. Shekter was also successful in obtaining a costs award of approximately $800,000 which increased substantially the plaintiffs’ net recovery in the case. The defendant appealed the verdict but abandoned the appeal.

The trial judge, Madam Justice Darla A. Wilson, remarked in her reasons awarding substantial costs in favour of Mr. Shekter’s client, “Mr. Shekter was extremely well-prepared throughout the trial and the success of his work is reflected in the jury verdict”.

Jun 6 2011

AB v. XYZ Laboratory

In this personal injury case, Mr. Shekter was successful in obtaining in excess of $10 million in a personal injury settlement against a medical laboratory for negligence arising out of the misreading of a laboratory test leading to serious and life-long injuries to  a young boy.  After the settlement Mr. Shekter worked closely with the family to create a future care plan which will maximize the quality of life for this young man for the rest of his life.

(names are subject to a confidentiality agreement) unreported

Nov 2 2010

United States of America V. Mr. AB

In this extradition case, the United States sought an extradition order from the Ontario courts directing that the respondents be surrendered to the authorities for their conduct in the United States. Mr. Shekter first obtained unprecedented orders against the Canadian Department of Justice requiring the disclosure of files from the Attorney General of Canada, the Attorney General of Ontario and the Toronto Police Service. When the orders were not fully complied with, Justice Backhouse of the Ontario Superior Court of Justice dismissed the proceedings. The Attorney General of Canada appealed that decision. In an almost unprecedented ruling, the Ontario Court of Appeal refused to hear the government’s appeal on the basis that the conduct of the government was highly inappropriate and constituted and abuse of process of the court. The appeal was, therefore dismissed outright. The proceedings ended there.

Mar 1 2002

Kramer v. Ontario Health Insurance Plan: $300,000US awarded for Out-of-Country Medical Care

As a result of this decision, OHIP was ordered to fund almost $300,000US of an out-of-country controversial cancer treatment provided to the plaintiff at Johns Hopkins Medical Centre in Baltimore, Maryland which OHIP alleged was experimental.

Jul 18 2000

Roberts v. Morana: $4.8 Million Personal Injury Damage Award

Mr. Shekter broke new ground on government liability for road maintenance and set a new bar for personal injury damages judgments. The plaintiff was awarded what was at the time one of Canada's largest personal injury awards in the amount of $5.2 million against three defendants, including Ontario's Ministry of Transportation. The trial judge, Justice O'Brien, commented, "By way of overview I state that I have not seen a case which has been better prepared or presented than this one."