Robert A. Betts
Robert joined the firm in 2008 and has worked for the insurance industry since 2004. His years of experience have provided him with an in-depth understanding of the issues faced by insurers. As a partner in the firm’s Insurance Litigation group, he handles a wide range of civil and commercial litigation with an emphasis on recreational liability, commercial host disputes, occupier’s liability, professional negligence, construction and property claims, product liability and coverage matters. Robert acts for both domestic and international insurers and a number of self-insured corporations.
Robert joined the firm in 2008 and has worked for the insurance industry since 2004. His years of experience have provided him with an in-depth understanding of the issues faced by insurers. As a partner in the firm’s Insurance Litigation group, he handles a wide range of civil and commercial litigation with an emphasis on recreational liability, commercial host disputes, occupier’s liability, professional negligence, construction and property claims, product liability and coverage matters. Robert acts for both domestic and international insurers and a number of self-insured corporations.
Robert joined the firm in 2008 and has worked for the insurance industry since 2004. His years of experience have provided him with an in-depth understanding of the issues faced by insurers. As a partner in the firm’s Insurance Litigation group, he handles a wide range of civil and commercial litigation with an emphasis on recreational liability, commercial host disputes, occupier’s liability, professional negligence, construction and property claims, product liability and coverage matters. Robert acts for both domestic and international insurers and a number of self-insured corporations.
In managing his practice, Robert provides his clients with timely advice, a range of options and risk-weighted recommendations so that they can make informed decisions. As an advocate, Robert analyzes issues and looks to develop strategies that account for both strengths and weaknesses in order to successfully advance the interests of his clients.
Efficient representation is critical to his clients, so Robert focuses on taking proactive steps to move matters ahead in the most effective manner possible. Robert knows the value that his clients place in advantageous resolution and settlement of claims but he also has the experience and ability to dispose of litigation in Court where required. He has appeared before the Superior Court of Justice, Divisional Court, Court of Appeal and Supreme Court of Canada in a wide variety of contested motions, injunctions, trials and appeals.
Robert’s core belief favours pragmatism over principle and he places his client’s interests and business objectives at the forefront in all aspects of his practice.
- Construction Litigation
- Professional Liability Litigation
- Wrongful Dismissal and Employment Litigation
- Environmental Litigation
- Appeals and Counsel Work in Complex Cases
- Bodily Injury Defence
- Coverage Opinions/Disputes
- Subrogation
- Professional Negligence / Errors & Omissions
- Occupiers’ Liability
- Commercial Host Liability
- Property and Commercial General Liability
- Sport and Recreation Liability
- Products Liability
- Association of Ski Defense Attorneys
- Canadian Bar Association
- Canadian Tax Foundation
- Ontario Bar Association
- The Advocates' Society
- Taiga Building Products v. Vipond et al, 2021 ONSC 676 (CanLII)
Defended a case on the basis of the expiration of the applicable limitation period. The plaintiff’s warehouse was damaged due to an alleged sprinkler failure on January 11, 20211. The subrogating insurer obtained early commentary, on January 22, 2014, from its engineering expert that the loss was due to both installation and maintenance issues. The Court accepted our position, advanced on a motion for summary judgment, that the insurer had sufficient knowledge, by January 28, 2014, to start the clock on the 2 year time period. The claim was not issued until February 12, 2016, and, as a result, the lawsuit was dismissed due to non-compliance with the limitation period.
- Webster v. Guelph Concert Theatre et al, 2020 ONSC 6957 (CanLII)
A Case against our client, an operator of a concert venue, dismissed on summary judgment. The plaintiff, Tod Webster, suffered a serious spinal injury due to an unexplained incident of trauma while he was in attendance at a Machine Head concert. There were no witnesses to, nor any warnings of, the event that injured the plaintiff. The Court found no evidence of foreseeability, negligence, breach of the Occupiers’ Liability Act or breach of the Liquor License Act. Summary judgment was granted and the defendants on the motion were awarded over $80,000.00 in costs.
- Dhar v. State Farm et al, 2019, Court File CV-10-508146
Jury trial decision in favour of our client, State Farm, in an unidentified case where Aviva, the insurer for the identified tort defendant, argued that the unidentified vehicle was entirely at fault for the subject collision. The accident occurred near a T type intersection and Aviva’s insured denied seeing the unidentified vehicle until moments prior to the incident. The jury found that the identified driver was inattentive and assessed him with 10% negligence. As a result, our client, State Farm, was completely absolved of any exposure and was awarded its costs.
- Schnarr v. Blue Mountain Resorts Limited, 2018 ONCA 313 & 2019 CanLII 7956 (SCC)
Upheld the validity of recreational liability waivers under the Occupiers’ Liability Act in the face of arguments advanced that consumers could not be bound by same given the provisions of the Consumer Protection Act, 2002. The Court of Appeal adopted the arguments of Blue Mountain that the specific provisions of the OLA prevailed over the more general provisions of the CPA. The leave application to the Supreme Court of Canada was dismissed.
- Bucknol v. 2280882 Ontario Inc., 2018 ONSC 5455
Moved successfully to have a plaintiff’s claim dismissed as against the commercial host following an incident where the plaintiff had been struck by a bottle thrown by another patron. The Court ruled that there was no genuine issues requiring a trial as the incident was not reasonably foreseeable. The Court also held that the plaintiff had failed to show negligence or a breach of the Occupiers’ Liability Act.
- Paul Porchak v. Pizza Pizza Limited 2016 ONSC 4551
Obtained summary judgment on a claim advanced by a pedestrian who was injured after tripping on a bicycle rack with the Court finding that there was no evidence that the bike rack posted a hidden or unusual danger. The Court concluded that the plaintiff was the author of his own misfortune and dismissed the claim.
- Trimmeliti v. Blue Mountain Resorts 2015 ONSC 2301
Obtained summary judgment on a claim advanced by an injured skier on the basis of a signed legal waiver and a complete absence of negligence on behalf of the ski hill operator.
- Ziebenhaus v. Bahlieda [2012] O.J. No. 3542
Successfully brought a motion to compel a vocational assessment of a brain injured minor plaintiff pursuant to the inherent jurisdiction of the Ontario Superior Court of Justice.
- Canadian Imperial Bank of Commerce v. Allen [2012] O.J. No. 284
Opposed a motion for summary judgment brought by CIBC against a mortgator where CIBC alleged default under the terms of the mortgage flowing from the registration of a restraint order on title pursuant to the provisions of the Controlled Drugs and Substances Act.
- Amhil Enterprises Inc. v. Seawright [2010] O.J. No. 5170
Argued and obtained an order compelling the plaintiffs to strike various paragraphs of their Statement of Claim on the basis that the impugned paragraphs contained no material facts and were prejudicial to the moving party.
- Bath Creations Inc. v. Richardson [2010] O.J. No. 2462
Resisted an injunction brought by a bath products wholesaler against, inter alia, a former employee who was alleged to have breached his non-competition agreement.
- MTCC 985 v. VanDuzer [2010] O.J. No. 571
Defended a condominium unit owner in an application brought by the condominium corporation with respect to changes made by the unit owner to an exclusive use common area terrace.
- Brown v. First Contact [2009] O.J. No. 3782.
Successfully opposed an injunction motion brought by an employer against its former employees with respect to alleged breaches of various restrictive covenants.
- Siemans Canada Ltd. v. Sapient Canada Inc. [2009] O.J. No. 3739.
Sought injunction against Sapient Canada Inc. for breach of contract during the implementation of an SAP IT solution project.
- Paerhati v. Wang [2008] O.J. No. 3176.
Argued and obtained adjournment of impending trial date and an order compelling the plaintiff’s attendance at a defence medical examination.
- Ottenbrite v. State Farm Fire and Casualty Co. [2008] O.J. No. 886.
Successfully opposed a motion brought by the appellant seeking reinstatement of his leave application which had been dismissed for delay.
- Sousa v. Akulu [2006] O.J. No. 3061.
Obtained an order compelling the plaintiff to attend defence medical examinations without video recording.
- August 20, 2019 — Beard Winter LLP lawyers named to 2020 Best Lawyers™
- February 12, 2019 — Supreme Court of Canada dismisses Schnarr v. Blue Mountain appeal
- September 25, 2018 — Beard Winter LLP wins commercial host liability claim
- August 1, 2018 — Canadian Underwriter reports on validity of liability waivers
- May 8, 2018 — John Olah speaks on waivers and the OLA at Canadian Defence Lawyers
- April 16, 2018 — Ontario Court of Appeal rules waivers still effective in Ontario’s recreational sporting industry
- April 5, 2018 — TheLawyersDaily.ca quotes John Olah and Robert Betts in an article about waiver validity
- March 28, 2018 — Beard Winter LLP is successful in validating waivers at the Ontario Court of Appeal