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Ashu Ismail

Associate

"My focus is finding new ways to settle files at the earliest stage possible."
Ashu-Ismail_01_Resized

Bio

Ashu is a passionate advocate for her clients. She knows her files, the related law and has little tolerance for vexatious claims. Her unreported decisions include two successful Divisional Court appeals, including one reversing a motion judge’s decision on costs. In fact, Ashu has been successful in obtaining costs for her clients in every manner of proceeding she has been engaged and at various stages in a file, whether on motions, at FSCO or at the conclusion of matters before the Superior and Divisional Court.

Ashu started her career at a boutique insurance defence firm in Barrie, honing her advocacy skills in a general tort practice, which included property damage, subrogation, commercial general liability and motor vehicle accidents. Since 2009, Ashu has focused almost exclusively on accident benefit claims, including loss transfer and priority disputes.

Over the years her clients have come to call upon her to deal compassionately with vulnerable, complicated claimants and assertively with over reaching clinics, counsel, claimants and medical practitioners.

Education

  • Called to the Bar in Ontario in 2007
  • LL.B., Osgoode Hall Law School, 2006
  • B.A., University of Toronto, 1998

Affiliations

  • Advocates Society
  • Ontario Bar Association

Accomplishments

  • 1st place Wilson Moot (equality law), 2nd place factum while at Osgoode
  • Finalist in regional American Bar Association negotiation competitions

Involvement

  • 2009/2010 Pro Bono work for CAP (Child Advocacy Project)

Decisions

Jul
24
2015

Whyte and State Farm

A12-005721

(Attendant Care)

Jul
24
2015

Whyte v. State Farm Mutual Automobile Insurance Co.

2015 CarswellOnt 11967

Dec
10
2014

Ibrahim and State Farm

A12-003584

(Dismissal medical benefits not reasonable & necessary)

Dec
10
2014

Ibrahim v. State Farm Mutual Automobile Insurance Co.

2014 CarswellOnt 18098

Arbitration - FSCO - successful defence of accident benefits claim for treatment, interest and special award on the basis that the plaintiff failed to meet the burden of proof that medical expenses claimed were reasonable and necessary

Apr
10
2014

Singh v. State Farm Mutual Automobile Insurance Co.

2012 CarswellOnt 5456

Successful defence of claim for accident benefits - claim was barred because the Application for Arbitration was filed beyond the two-year limitation period set out in the Schedule 

Mar
25
2014

Point De Jour v. State Farm Mutual Automobile Insurance Co.

2014 CarswellOnt 4985

Arbitration - FSCO - dismissal of Appellant’s Application for Arbitration on the basis the Appellant failed to attend and that this proceeding is frivolous, vexatious or is commenced in bad faith 

Feb
25
2014

Point De Jour and State Farm

A12-002596

(Dismissal frivolous & vexatious)

May
24
2012

Singh and State Farm

FSCO A11-000852

(Insurer expenses)

May
24
2012

Singh v. State Farm Mutual Automobile Insurance Co.

2012 CarswellOnt 8313

Successfully obtained expenses payable by Applicant to Insurer following dismissal of claim filed outside two-year limitation period set out in the Schedule  

Apr
10
2012

Singh and State Farm

FSCO A11-000852

(Dismissal limitation period)

BLAWG Posts

Jan
10
2017

Part 3 of Bevin Shores' 3-part series on notable 2016 year-end SABS decisions

The third of Bevin Shores' three-part series on notable 2016 year-end SABS decisions deals with cases addressing reasonability and necessity of treatment and quantum of IRBs at the LAT (NC), which features our Ashu Ismail; causation and the burden......

Aug
29
2016

Ashu Ismail persuades Ont. Super. Ct. to dismiss SABS claim for rehabilitation benefits

In Elayathamby v. State Farm Mutual Automobile Insurance Co., Ontario Superior Court Gilmore summarily dismissed this action for the payment of a proposed treatment plan for chiropractic treatments on the basis that the plaintiff in......

News

Apr
01
2012

Hughes Amys LLP would like to welcome our new associate, Ashu Ismail, to our Toronto office.

  • Canadian Lawyer - Top 10 Boutique 2017-18
  • The ARC Group
  • Best Lawyers 2017
  • Canadian Legal Lexpert Directory 2016

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