“You’ll Never Walk Alone.”
Trevor joined Bell Temple after his Call to the Bar in 2013, was made Non-Equity Partner in 2020 and Equity Partner in 2022. Trevor is also co-chair of the Articling Committee and serves as an Articling Student Principal and Student Mentor.
Trevor has appeared before all levels of Court including written leave to appeal applications, motions and hearings at the Supreme Court of Canada. Trevor has a good record of success before the Ontario Court of Appeal and on a wide range of motions including summary judgment and contempt motions. Trevor has also successfully conducted trials in the Superior Court of Justice. In the recent trial decision of Forefront Electric v. Dutchies, 2024 ONSC 4898, Trevor acted on behalf of the plaintiff, an electrical services contractor who performed improvements for a grocery store in Kitchener as part of a time and materials contract. Trevor was successful in obtaining judgment for the full amount of the claim. Importantly, Trevor was successful in obtaining judgment personally against the owner, pursuant to section 21(1) of the Business Corporations Act, for improperly signing the contract on behalf of a non-existent corporation. Trevor was also successful in striking the Defendant’s counterclaim for defamation and set-off at the outset of the trial. In addition to court actions, Trevor has conducted private arbitrations and adjudications under the Prompt Payment provisions of the Construction Act.
Trevor is a tough and determined litigator in even the most contentious of matters. Trevor has a keen eye for details and brings a thoughtful approach to highly technical and complex disputes. Trevor brings a practical and down to earth approach to every one of his files and is highly responsive to clients’ demands. Trevor is passionate about the law and takes great pride in the service he offers to his clients.
Trevor maintains a broad commercial and insurance litigation practice with a particular focus on CGL work, property disputes, product liability claims, coverage and first party losses. Trevor’s construction law practice ranges from construction lien actions to multiparty disputes related to multimillion-dollar construction projects. In addition to servicing his corporate clients, Trevor services private clients in a broad range of civil litigation matters including real estate, tort and breach of contract disputes. Trevor also handles complex motor vehicle accident, occupiers’ liability and critical injury claims.
Supreme Court
Successfully dismissed the plaintiff’s appeal for a declaration of insurance coverage on the basis of promissory estoppel by the insurer.
Successfully opposed the plaintiffs’ leave to appeal application.
Trial Decision
Forefront Electric v. Dutchies, 2024 ONSC 4898
Successfully obtained judgment against the defendant, personally, for the full amount of the claim for improperly signing a contract on behalf of a non-existent corporation, pursuant to section 21(1) of the Business Corporations Act. Justice Gibson held that this was not a case of misnomer and that “the Court will not indulge a shell game intended to distort or cloud findings in this regard”. Trevor was also successful in striking the Defendant’s counterclaim for defamation and set-off at the outset of the trial.
Successfully dismissed the plaintiffs’ claims at Trial and obtained costs awards of $280,000. The plaintiffs were claiming in excess of $10M under a commercial general liability policy for a moth infestation that allegedly caused business interruption losses and the bankruptcies of related businesses. Justice Akbarali of the Toronto Commercial Court held that the plaintiffs’ alleged loses did not constitute “direct loss” and were therefore not covered under the policy. The plaintiffs’ claim for property loss for lost business equipment was also dismissed as having not been commenced within the one-year limitation period specified in the policy.
Appeal Decision
– Erland v. R.W. Tomlinson Ltd., 2019 ONCA 689
Successfully dismissed the plaintiff’s appeal after dismissing the plaintiff’s environmental damage claim for delay.
– Marvelous Mario’s Inc. v. St. Paul Fire and Marine Insurance Co., 2019 ONCA 635
Successfully overturned the trial Judge’s decision on the application of rolling limitation periods for the plaintiff’s property loss claim for lost business equipment and a 35-year-old precedent from the Saskatchewan Court of Appeal. Successfully dismissed the plaintiff’s claim with trial costs awarded.
– Prescott v. Barbon, 2018 ONCA 504
Successfully dismissed the plaintiffs’ appeal to set aside the administrative dismissal Order and obtained costs of $17,850 over the course of the hearings. Justice Pepall on behalf of the three-judge panel of the Ontario Court of Appeal held that the Master erred in law in his application of the Reid factors and upheld the decision of Justice Kristjanson.
Motion Decision
– Unifund v. Mozahar et al., 2024 ONSC 0905
Successfully struck the third party’s Statement of Defence and obtained judgment for substantial indemnity costs of defending the main action in the amount of $41,897.35 and costs of the motion to strike in the amount of $8,913.58
– Erland v. Her Majesty the Queen in Right of Ontario, 2019 ONSC 5471
Dismissed the Plaintiff’s environmental damage claim for failure to set the action down within 5 years.
– Erland v. Her Majesty the Queen in Right of Ontario, 2018 ONSC 485 and 2019 ONSC 5471
Successfully brought a motion to find the plaintiff in breach of a Court Order in an environmental damage claim and obtained a costs sanction of $5,000.