James D. Bromiley

Partner | Kitchener-Waterloo

519.593.3203

Portrait of James D.  Bromiley

James Bromiley has a diverse practice encompassing all areas of civil and commercial litigation. He has acted for clients in property and casualty insurance, personal injury, motor vehicle, employment, and environmental law matters.

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James Bromiley’s article “Jones v. Jenkins – Adjusters Beware” has been republished by Canadian Insurance Law Reporter.

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Disclosure of Expert Retainer Letters

The issue of whether a party must produce a lawyer’s ‘instructional letter’ when retaining an expert was considered by the Ontario Superior Court in Nikolakakos v. Hoque, 2015 ONSC 4738.  This case involved an action for damages arising from personal...

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Divisional Court Addresses Prejudgment Interest Rate

Although the recent decision of the Divisional Court in Carr v. Modi was mentioned in our previous blog, the decision warrants further commentary. This decision provides much needed clarity on the proper rate to be used when calculating prejudgment interest...

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Small-Town Garage Liable for Crash Involving Vehicle Stolen from its Premises

The Village of Paisley, population 1,100, is situated in the heart of Bruce County. Until recently, its claim to fame was its annual Beef Fest held every August. Recently, the Ontario Court of Appeal cast a spotlight on this quiet...

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Ontario Court of Appeal addresses Accident Benefit deductions from Tort award

The Ontario Court of Appeal recently revisited the issue of the deductibility of no-fault accident benefits from an award for tort damages.  In Basandra v. Sforza, 2016 ONCA 251, the Plaintiff brought an action for damages arising from injuries he...

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Advanced Payments: When and Why?

With the pending changes to the SABS, tort adjusters will undoubtedly be called upon by Plaintiff counsel to make advance payments to cover such things as medical expenses, lost wages and attendant care.  Seriously injured Plaintiff’s facing a combined $65,000...

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Leading Legal Innovation

GRAND Magazine, 10th Anniversary issue

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Failure to Mediate in Good Faith: Commentary from the Ontario Court of Appeal

In the case of Ross v. Bacchus, the Ontario Court of Appeal was asked to overturn a trial judge’s imposition of a $60,000 penalty on an insurer for failing to mediate in good faith.  Leading up to the six-day trial,...

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Jones v. Jenkins: Case Comment – Adjusters Beware

Canadian Insurance Law Reporter, July 2011

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Jones v. Jenkins: Case Comment – Adjusters Beware

OIAA

Take heed. An Ontario Court Judge has recently found that a settlement agreement entered into between an adjuster and an injured Plaintiff was “unconscionable” and had to be “set aside.” The facts of the case are a bit sketchy. It...

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FACEBOOK: A Defence Lawyer’s Perspective

Ontario Insurance Adjusters Association

The uncovering of fraudulent claimants by exposure through Facebook and other online social networking sites has become a key ingredient in a defence lawyer’s arsenal.  The outpouring of highly personal information on such sites, freely volunteered, is unprecedented in the course...

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