Aimee M. Draper, Partner

“I believe that rational and pragmatic professionals can resolve differences and advance their client’s interests.  I strive for early resolution following a robust assessment of the evidence.”

Toronto – Whitby – Ottawa
416-368-0231 ext.247
adraper@fmlaw.ca
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Jenna McNamee, Assistant/Law Clerk
416-368-0231 ext. 285
jmcnamee@fmlaw.ca

Aimee’s clear, straightforward and direct approach to insurance disputes has lead to numerous successes. Over twenty years of experience and advocacy in the defence of motor vehicle accident tort claims, statutory accident benefits, and occupier’s liability matters attracts a satisfied clientele.

Her successful advocacy before the Superior Court of Justice, the Financial Services Commission of Ontario, and private Arbitrations, is enhanced by persuasive day to day negotiation and effective mediation advocacy.

Aimee’s practice has lead to matters involving close examination of potentially suspect claims for insurers in a fair and meticulous manner, and includes recent decisions involving a preliminary issue concerning the definition of accident (Sadozai v. Aviva , FSCO, 2013), and a loss transfer appeal from Arbitrator’s decision (Markel v. Certas, SCJ, 2011).

Education

Called to the Ontario Bar, 1999
LL.B., Osgoode Hall Law School, 1997
B.A.(Hons.), Magna Cum Laude, York University, 1994

Memberships

Canadian Bar Association
Ontario Bar Association
The Advocates’ Society

Standard of Review, Loss Transfer, Appeal Denied: Markel Insurance v. Certas Direct Insurance – comprehensive discussion of standard of review on appeal from insurance arbitration to Superior Court.

Limitation Period, Accident BenefitsD.S. v. Allstate Insurance Company – review of section 55 and 56 of the SABS – application dismissed for failing to commence proceeding within two years of the denial.

Entitlement to Non-Earner and Medical Benefits, Accident BenefitsMTR v. Aviva Canada Inc. – review of sections 12, 14 and 15 of the SABS. Application dismissed for failing to prove entitlement to benefits.

Entitlement to Non-Earner and Medical Benefits, Accident Benefits: NH v. Cooperators General Insurance Company (unreported) – entitlement to non-earner benefits awarded but entitlement to medical benefits denied for failing to prove causation.

Insurer Examinations, Accident Benefits: CP v Aviva Canada Inc. – review of sections 44 and 55 of the SABS (unreported) – application dismissed for failing to comply with section 44 of the SABS.