Michael McChesney

“I take a focused, detail-oriented approach to every case, with a view to the big picture, and strive to find creative solutions for my clients”

Toronto – Whitby – Ottawa
(416) 368-0231 ext. 8250
mmcchesney@fmlaw.ca
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Anna Trela, Assistant
416-368-0231 ext. 8291
atrela@fmlaw.ca

Michael joined Flaherty McCarthy LLP after completing his articling with the firm. Michael is actively engaged in a range of litigation files with a focus on insurance defence in the context of motor vehicle accident tort and statutory accident benefit disputes. Michael has successfully represented insurance companies before the Ontario Court of Appeal, the Superior Court of Justice, the Ontario Small Claims Court and has worked on various Licence Appeal Tribunal matters.

Michael earned an Honours in Philosophy from Wilfrid Laurier University in 2012. He graduated from the University of Ottawa, Faculty of Law in 2016. After articling with Flaherty McCarthy LLP he was called to the Ontario Bar in 2017.
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Education

Called to the Ontario Bar, 2017
J.D. University of Ottawa, 2016
B.A. (Hons.) Philosophy Wilfred Laurier University, 2012

Memberships

The Advocates Society
Canadian Defence Lawyers

Selection of Cases

Appeal of Dismissal under R. 2.1 (ONCA): Liu v. Longo (2019 ONCA 892) – successful in maintaining the dismissal of this claim at the Ontario Court of Appeal.

Cost of Income Replacement Benefit Report: 17-006692 v. Certas Home and Auto Insurance Company 2018 LAT  – our client was successful on the argument that the cost of an income replacement benefit calculation report was not reasonable and necessary when dealing with a salaried employee who files tax returns.

Income Replacement Benefits and Medical Benefits: 18-001944 v. Aviva Insurance Canada 2019 LAT – successfully defended a claim for income replacement benefits and substantially all disputed plans for medical benefits.

Reconsideration of Income Replacement Benefits: R.V. v. Aviva Insurance Canada 2019 LAT (reconsideration) – the result of the income replacement benefit decision re 18-001944 v Aviva was successfully upheld on reconsideration.

Minor Injury Guideline: P.S. v. Certas Home and Auto Insurance Company, 2019 LAT – success on a whether a claimant’s injuries are within the Minor Injury Guideline.

Minor Injury Guideline: 18-004282 v. Certas Home and Auto Insurance Company 2019 LAT – successful defence regarding whether the claimant should be removed from the Minor Injury Guideline due to chronic pain.

Medical Benefits: D.O. v. Aviva Insurance Company 2019 LAT – success regarding whether the claimant was entitled to treatment plans incurred prior to being submitted to the insurer for consideration.

Special Award: M.E v. Aviva Insurance Company, 2019 LAT – our client was successful on whether the claimant was entitled to an award under s. 10 of RRO 1990, Reg 664 for unreasonably delay in payment of income replacement benefits.