Who is Helen Donata Kohner Friedman?

Helen Donata Kohner Friedman is an Ontario lawyer (Retired) with 3 court cases on record from 2018 to 2023.

What courts has Helen Donata Kohner Friedman appeared in?

Helen Donata Kohner Friedman has appeared in Superior Court of Justice, Court of Appeal, with most appearances at the Superior Court of Justice.

How many cases has Helen Donata Kohner Friedman handled?

Helen Donata Kohner Friedman has 3 cases on record from 2018 to 2023.

What judges has Helen Donata Kohner Friedman appeared before?

Helen Donata Kohner Friedman has most frequently appeared before Justice David J. Nadeau, Justice Benjamin Zarnett, Justice Janet Simmons.

Helen Donata Kohner Friedman

3 total

Shwaluk v. HSBC Bank of Canada, 2023 ONCA 538

The appellant appealed the dismissal of her motion for leave to amend her statement of claim seeking Long-Term Disability (LTD) benefits and damages.

The motion judge denied leave, finding the proposed amendments sought to withdraw an admission regarding the timely filing of an LTD benefits application and to add a statute-barred request for relief from forfeiture.

The Court of Appeal found the motion judge erred in concluding the amendments withdrew a factual admission, clarifying that the appellant's factual admission remained, and the amendments merely provided particulars and sought an alternative legal conclusion (relief from forfeiture) arising from the same facts.

The Court also held that the request for relief from forfeiture was not a new, statute-barred claim.

The appeal was allowed, and leave to amend was granted.

ONCAAug 11, 2023

Respondent Counsel

Kanani v. Economical Insurance, 2018 ONSC 5864

The defendants brought a preliminary motion to strike affidavits filed by the plaintiffs in support of a larger "Refusals motion." The court granted the defendants' motion, striking the affidavits of Chris Pierre and Phyllis Bergmans, and specific portions of James Wallbridge's affidavit.

The court reserved on the issue of costs until after the Refusals motion had been heard and decided.

SCJDec 10, 2018

Applicant Counsel

Kanani v. Economical Insurance, 2018 ONSC 5866

The Plaintiffs brought a motion for directions seeking to dismiss a summary judgment motion brought by six individual insurance adjusters, arguing that the issues of personal liability should be determined at trial due to complexity and potential for inconsistent findings.

The adjusters sought to dismiss claims against them entirely, arguing no genuine issue for trial regarding their independent personal liability.

The court, applying the principles from Hyrniak, determined that the summary judgment motion was an appropriate and proportionate method to address the adjusters' personal liability, finding the issues severable and not risking duplicative or inconsistent findings.

The Plaintiffs' motion for directions was dismissed, and the adjusters' summary judgment motion was ordered to proceed.

Respondent Counsel