Candace Mak

“I act with integrity, precision and passion to achieve the best results for our clients.”

Toronto – Whitby – Ottawa
416-368-0231 ext. 8240
cmak@fmlaw.ca
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Maria Pons Francis, Assistant
416-368-0231 ext. 8257
mfrancis@fmlaw.ca
Michelle MacKinnon, Law Clerk
416-368-0231 ext. 8235
mmackinnon@fmlaw.ca

Candace is a thoughtful, intelligent and strategic litigator who enjoys advocating for her clients. She uses her litigation experience, and her time working closely with judges as a judicial law clerk, to craft insightful, novel and persuasive arguments.

Candace practices in plaintiff-side class proceedings and a wide-range of insurance defence matters, including accident benefits claims, tort claims and priority disputes. She has successfully appeared at all levels of court in Ontario, including the Court of Appeal.

Candace graduated in 2005 from the University of Toronto with an Honours Bachelor of Arts in English, with High Distinction. She also has a degree in Piano Performance from the Royal Conservatory of Music.

In 2009 she obtained her LL.B., Cum Laude, from the University of Ottawa where she was the Editor-in-Chief of the Ottawa Law Review. After articling at a boutique litigation firm, she was a judicial law clerk for the Central East Region of the Ontario Superior Court.

Candace has practiced exclusively in the area of litigation since being called to the Ontario Bar in 2011.

Education

Called to the Ontario Bar, 2011
LL.B. (Cum Laude), University of Ottawa, 2009
Hon. B.A, with High Distinction (English Literature), University of Toronto, 2005
A.R.C.T. (Piano Performance), Royal Conservatory of Music, 2005

Memberships

Canadian Bar Association
Toronto Lawyers Association
The Advocates’ Society
Canadian Defence Lawyers

Selection of Work

Class Action – Certification: Rizzi v. Handa, 2019 ONSC 1802 – certification of class proceeding regarding dentist for alleged IPAC lapse.

Class Action – Certification: M. M. v. Lanark, Leeds and Grenville Children’s Aid Society, 2017 ONSC 7665 – certification of class proceeding regarding privacy breach.

Class Action – Certification: Rezmuves v. Hohots, 2019 ONSC 4871 – certification of class proceeding regarding three immigration lawyers.

Tort – Summary Judgment Motion: Sadat v. Pica, 2019 ONCA 186 – appeal of dismissal of the action against the insurer for uninsured/unidentified automobile coverage.

Tort – Summary Judgment Motion: Ngo v. Miller, 2018 ONSC 526 – dismissal of claims for punitive and exemplary damages.

Real Estate – Transfer: Bannister v. McGraw, 2016 CarswellOnt 14792 – application to reverse real estate transfer, found on WestLawNext Canada.

Accident Benefits – Summary Judgment Motion: Calliste v. State Farm Mutual Automobile Insurance Company, 2016 ONSC 1854 – action dismissed because the plaintiff’s injuries fall within the Minor Injury Guideline.

Accident Benefits – Summary Judgment Motion:Galloway v. State Farm Mutual Automobile Insurance, 2016 ONSC 6843 – dismissal of claims for a catastrophic injury designation and general damages.

Accident Benefits – Summary Judgment Motion: Paramandham v. Holmes, 2015 ONSC 1903 – action dismissed because the plaintiff’s injuries fall within the Minor Injury Guideline.

Accident Benefits – Limitation Period: X.J.W. v. Certas Home and Auto Insurance Company, 2020 CanLII 19572 – application for income replacement benefits and medical benefits dismissed because the claims are statute-barred.

Accident Benefits – Limitation Period: R.R. v. State Farm Insurance Company, 2019 CanLII 119769 –application for income replacement benefits and medical benefits dismissed because the claims are statute-barred.

Accident Benefits – Treatment Plans: T.V. v. Aviva Insurance Canada, 2019 ONLAT 18-007172/AABS – application for treatment plans dismissed because not reasonable and necessary, unreported.

Accident Benefits – Treatment Plan: D.M. v. Aviva Insurance Canada, 2019 CanLII 110130 – application for treatment plan dismissed because not reasonable and necessary.

Accident Benefits – Treatment Plans: M.L. v. Aviva Insurance Company of Canada, 2019 CanLII 83886 – successful reconsideration for treatment plans due to incorrect legal test applied.

Accident Benefits – Treatment Plans: M.L. v. Aviva Insurance Canada, Licence Appeal Tribunal File No. 17-007722/AABS (2018) – successful reconsideration for treatment plans due to incorrect legal test applied, unreported

Accident Benefits – Failure to Attend Section 44 Examination: N.H. v. Aviva Insurance Company, 2018 CanLII 13175 – reconsideration request successfully denied regarding Order that applicant attend a section 44 examination.

Accident Benefits – Treatment Plans: A.K. v. Aviva Canada, 2017 CanLII 93460 – application for treatment plans dismissed because not reasonable and necessary.

Accident Benefits – Attendance at Section 44 Examination: 17-001088 v. Aviva Insurance Canada, 2017 CanLII 69450 – applicant ordered to attend at a section 44 examination.

Accident Benefits – Income Replacement Benefits and Treatment Plans: H.C. v. Certas Direct Insurance Company, 2017 CanLII 9814 – application dismissed due to lack of entitlement.

Accident Benefits – Evidence required for Income Replacement Benefits: Whittaker and Aviva Canada Inc.,  FSCO Appeal P16-00065 (2017) – successful defence of an appeal for a dismissal of application for income replacement benefits.

Accident Benefits – Evidence required for Income Replacement Benefits: Whittaker and Aviva Canada Inc., FSCO A14-007988 (2016) – application for income replacement benefits dismissed because income tax returns not provided.

Accident Benefits – Limitation Period: Allstate Insurance Company of Canada v. Klimitz, 2015 ONCA 698 – appeal from Order that application at FSCO is statute-barred.