In this products liability case dealing with a transport truck, it was successfully argued at trial and upheld by the Court of Appeal for Ontario that a limitation period in a warranty could not be relied upon since it was provided to the purchaser after the contract had already been formed. This decision was precedent setting in that regard. The defendants’ ground of appeal based on the Sale of Goods Act was also dismissed and the trial decision in favour of Mr. Gregorio upheld.

International Wall was successful at trial in this complex Construction Lien matter. The trial decision was upheld on appeal (opposition to confirmation of reference). This was the first decision ever to find that a construction lien master on a reference had inquisitorial powers, a power that a trial judge does not have. International Wall was awarded substantial indemnity costs at trial.

A successful motion staying the action was brought on behalf of one of the defendants under the Corporations Information Act and under Rule 15.02 of the Rules of Civil Procedure, the latter dealing with whether a lawyer had proper authorization to commence an action for a corporation. This was one of the very few times such a motion was successful under the Corporations Information Act.

An Order obtained on a motion made without notice by the Bank of Montreal allowing the seizure and sale of the defendants’ equipment was successfully overturned. The lower court’s decision setting aside the Order was then upheld by the Divisional Court.

The plaintiff’s motion was successfully opposed. With respect to payment of costs, of three different sets of defendants, only the defendants represented by Mr. Silver were awarded their costs on a substantial indemnity basis.

The plaintiff was entirely successful in this Construction Lien action which had numerous experts testify at the trial.

The insurance company’s motion to stay the action so that the appraisal procedure under the Insurance Act could took place was successfully opposed.

The defendant’s motion to set aside a default judgment was successfully opposed. Not only was the defendant ordered to pay the plaintiff’s costs, but the defendant’s lawyers were also held liable to pay those costs, which is an extremely rare occurrence.

The plaintiff was successful on numerous grounds and in numerous ways against one set of defendants in this Construction Lien trial. Findings of breach of contract and breach of trust were made. One of these defendants was found personally liable as being the alter ego of his company. In addition to obtaining an award of general damages and of punitive damages against these defendants, the plaintiff also obtained a tracing order.

The lender moved for summary judgment on a mortgage. Mr. Silver successfully resisted the relief sought on the covenant of the mortgage based on the mortgage appearing not to comply with various sections of the Interest Act.

Mr. Silver acted for a widow claiming there was a life insurance policy with respect to a mortgage. Although both she and her late husband had signed a waiver declining life insurance on the mortgage and although her late husband never would have medically qualified for such insurance in any event, Mr. Silver was nonetheless successful in having the mortgage discharged from title.