Avi Cole
Avi graduated from Dalhousie University Law School in 2007 and was called to the Ontario Bar in 2008. He articled at a downtown Toronto litigation firm before joining Evangelista Barristers & Solicitors in 2009.
Avi brings a commitment to maintaining exceptional quality of service through an intricate understanding of the legal and factual aspects of every file. Avi's aggressive yet thoughtful approach to his files has been a significant factor in his success to date.
Avi has appeared and argued before all levels of court in Ontario, including the Ontario Court of Appeal.
Avi is a member of The Advocates' Society, Ontario Bar Association and the Law Society of Ontario. He has also written and spoken at seminars on a variety of legal issues.
(416) 363-4756
acole@evangelista.ca
Avi has practiced in various areas of litigation, including:
- Civil Litigation
- Insurance Defence Litigation
- Commercial Litigation
- Severe Personal Injury Litigation
- Product Liability Litigation
- Municipal Litigation
- Environmental Litigation
- Statutory Accident Benefits
- Banking and Commercial Litigation
Recent Decisions
Daverne v. John Switzer Fuels 2015 ONCA 919 (OCA)
This decision from the Court of Appeal addressed the issue of limitation periods in the context of the insurer's duty to defend. Andrew Evangelista and Avi succeeded in their appeal with the Court of Appeal finding that the insured's claim for a defence was barred by the policy's one year limitation period. In coming to its decision, the Court of Appeal set out new law on the enforceability of insurance policy limitation periods. Moreover, the Court of Appeal held that an insurer's denial of the duty to defend is a "loss" for the purpose of triggering a limitation period. Finally, the Court of Appeal reiterated the standard of review specific to standard insurance policy interpretation, which it held to be one of correctness. Judges must be correct in their interpretation of insurance policies and their decisions will not be granted deference on appeal.
White v. 123627 Canada Inc., 2014 ONSC 2682 (SCJ); leave to appeal denied in 2014 ONSC 6234
This motion dealt with foundational issues of civil procedure and the integrity of the legal system. Avi succeeded in the motion and disqualified plaintiff's counsel from acting for the plaintiff due to counsel's improper handling of privileged documents. Justice Ellies was persuaded that the Supreme Court of Canada principles governing disqualification applied to cases involving litigation privileged documents (and not just to solicitor-client privileged documents). Avi also successfully responded to counsel's subsequent motion for leave to appeal, which was denied. Justice Ellies' decision was the subject of an article in The Lawyers Weekly.
