Shekter Dychtenberg LLP is a Toronto-based litigation boutique that has earned its reputation by winning precedent-setting cases in a variety of areas including personal injury litigation, punitive damages awards, shareholder disputes, construction litigation, professional discipline litigation, employment, health and criminal law.
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Rains v. Molea et al., 2013 ONSC 5016
Jane Jones v Grocery Store Chain (Settlement Subject to Confidentiality Agreement)
* Past results are not necessarily indicative of future results. The amount recovered will vary according to the facts of the individual cases.
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 almost $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.
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”.
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
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.
In this estates case, Mr. Shekter represented the Estate Trustee and Executor in connection with a will challenge brought by the Executor’s sister who alleged that her mother’s will was invalid. In an almost unprecedented proceeding in the context of estate litigation, Mr. Shekter successfully brought a summary judgment motion to strike out the sister’s objections to the will and obtain probate of the mother’s will. The objector filed 54 volumes of evidence. But it failed to satisfy the judge that the objector had any basis to attach the will. In a follow up and also unprecedented proceedings, Mr. Shekter sought and obtained an order requiring the objector to personally pay to her brother almost $800,000 in full indemnity costs, which virtually underwrote all of the Executor’s legal fees. The objector appealed the case all the way to the Supreme Court of Canada. Mr. Shekter was successful at each level of appeal. The case ended after the costs award was upheld.
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.
After proving a breach of Pinnacle's Charter rights, Mr. Shekter received what at the time was then the second largest cost award in Canada against the Crown following the withdrawal of charges against his client. As a result, the client's entire defence costs were paid for by the prosecution.
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."
$100,000 in punitive damages was awarded against a lawyer in connection with his conduct in fraudulent conveyances actions. For its time, this was one of the highest punitive damage awards in Canadian history.
A native sentencing circle format was used with a non-native, Caucasian teenager in a vehicular manslaughter case to save him from almost certain incarceration. Instead, following the "circle" the court ordered the young man to speak to high school students about the dangers and consequences of unsafe driving.
I have not seen a case which has been better prepared or presented than this one. In addition to the very substantial success, a number of matters arose during trial which demonstrated to me the thorough, sophisticated and ingenious way in which all aspects of this case were prepared and direct and cross-examinations were conducted (by Richard Shekter).
Roberts v Morana
Shekter Dychtenberg LLP is a boutique Bay Street litigation law firm with big firm talent. We may be smaller than some, but no firm provides its clients with a higher level of personal service. Each member of the Shekter Dychtenberg team is focused on serving the needs of our clients and achieving the best possible results. Once you get to know us, you'll be part of the Shekter Dychtenberg extended family and hopefully, a life long client.
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