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David Bertschi achieves victory in Ontario Superior Court of Justice

Monday, December 18, 2017   (0 Comments)
Posted by: Jacob Ellison
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David Bertschi, Bertschi Orth Solicitors and Barristers LLP/s.r.l., Ottawa, Ontario, recently won his case in the Ontario Superior Court of Justice, a decision which illustrates how counsel, by making strategic and timely “offers to settle,” can recover the costs of trial for an Insurer/Defendant client.


In the decision of Scaffidi-Argentina v. Tega Homes Developments Inc et al. 2016 ONSC 5448, Mr. Bertschi and Stephanie Drisdelle successfully defended a developer, Tega Homes Development, Inc. in a property damage loss reducing the plaintiff’s claim for which they were claiming over $3 million to $658,047.73.


In the second decision, they were successful in reducing the plaintiff’s claim for costs from over $360,000 to a little over $160,000. Moreover, they successfully recovered the client’s partial indemnity costs for the entire trial.


As a result, after four years of litigating the case (with over 12 days of depositions involving 8 represented parties, 2 mediations, 3 pre-trials and a 2 week trial) the plaintiffs recovered less than $26,600 net in costs. Scaffidi-Argentina v. Tega Homes Developments Inc. 2017 ONSC 3427.

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