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Gabriela Nagy

Partner

"Effective advocacy, strategic thinking and a pragmatic approach are the hallmarks of my practice. I am tenacious in advancing my clients' interests."
Gabriela NagyGabriela Nagy

Bio

Gabriela has been a partner at Hughes Amys since 2014.  Gabriela defends municipalities, corporations and insurers with a focus on the defence of a broad range of liability claims, including municipal liability, product liability, social host liability, coverage issues, property and fire loss, occupier's liability and motor vehicle accidents.  

She has appeared in various proceedings before the Superior Court of Justice and assisted with matters before the Court of Appeal. She is a Council member of the Ontario Bar Association elected for a two year term. She is a member of the Canadian Defence Lawyers' Association, Advocates' Society and Medical-Legal Society.

Education

  • School, Designation, Year : University of Ottawa, LLB., 2002
  • Called to the Bar in Ontario in 2003
  • Honours B.A. University of Toronto, 1996
 

Affiliations

  • Ontario Bar Association, Council Member 2014-2016
  • Canadian Defence Lawyers Association, Advocates' Society and Medical-Legal Society.          
 

Decisions

Dec
21
2015

Sobie v. ING Insurance Co. of Canada

2006 CarswellOnt. 4802 (Ont. S.C.J.)

Nov
09
2015

Sultana v. Veley

2012 CarswellOnt. 1146 (Ontario Master)

Nov
09
2015

Economical Mutual Insurance Company v. James Randall

2013 O.N.S.C. 6153 (Ont. S.C.J.)

Nov
22
2011

Smith v. Morelly

2011 O.N.S.C. 6863 (Ont. S.C.J.)

Nov
01
2005

Royal Bank v. Intercon Security Ltd.

2005 CarswellOnt. 5922 (Ont. S.C.J.)

Papers & Publications

Nov
2014
Presentation

Duty to Defend and Coverage Issues

May
2013
Article

The Latest Interpretation of Covenants to Insure or Tort Immunity in the Ontario and British Columbia Courts of Appeal

Cain v. 1150320 Ontario Inc. c.o.b. as the Antique Shoppe 2012 O.N.S.C. 3018, 2012 O.N.C.A. 920 Cain v. The Antique Shoppe, is the most recent Ontario Court of Appeal decision on covenants to insure. In Cain, the issue was whether a commercial lease agreement between a landlord and tenant contained either an express or implied covenant to insure in favour of the landlord against loss arising out of an oil spill allegedly caused by the tenant on the leased premises such that it would allow the landlord to bring a subrogated action against the tenant. At the Superior Court, Justice Metivier found that the terms of the lease did not contain any exceptions that could absolve the tenant of liability for its own negligence and concluded that the landlord’s action against its tenant was not barred based on the wording of the lease. The Ontario Court of Appeal set aside the ruling of Justice Metivier, finding that it was unclear whether the lease contained a covenant to insure in favour of the landlord for the loss claimed. Although the Court of Appeal did not comment on whether the landlord’s subrogated claim against the tenant was barred, the Court allowed for this possibility.

May
2013
Noteworthy

Issue 5 - The Latest Interpretation of Covenants to Insure or Tort Immunity in the Ontario and British Columbia Courts of Appeal

Cain v. 1150320 Ontario Inc. c.o.b. as the Antique Shoppe 2012 O.N.S.C. 3018, 2012 O.N.C.A. 920 Cain v. The Antique Shoppe, is the most recent Ontario Court of Appeal decision on covenants to insure. In Cain, the issue was whether a commercial lease agreement between a landlord and tenant contained either an express or implied covenant to insure in favour of the landlord against loss arising out of an oil spill allegedly caused by the tenant on the leased premises such that it would allow the landlord to bring a subrogated action against the tenant. At the Superior Court, Justice Metivier found that the terms of the lease did not contain any exceptions that could absolve the tenant of liability for its own negligence and concluded that the landlord’s action against its tenant was not barred based on the wording of the lease. The Ontario Court of Appeal set aside the ruling of Justice Metivier, finding that it was unclear whether the lease contained a covenant to insure in favour of the landlord for the loss claimed. Although the Court of Appeal did not comment on whether the landlord’s subrogated claim against the tenant was barred, the Court allowed for this possibility.

Oct
2010
Presentation

Has the Supreme Court of Canada redefined the causation test in negligence actions with Hanke v. Resurfice Corp.?

Jun
2010
Presentation

The First Bill198 Rulings: Little Has Changed From Prior Interpretations of the Threshold

Publications of Note

  • Publication "The Latest Interpretation of Covenants to Insure or Tort Immunity in the Ontario and British Columbia Courts of Appeal", Noteworthy, 2013 issue

Presentations of Note

  • Presenter: "Duty to Defend and Coverage Issues", client seminar, 2014
  • Presenter" "Has the Supreme Court of Canada redefined the causation test in negligence actions with Hanke v. Resurfice Corp.?", client seminar 2010
  • Presenter "The First Bill198 Rulings: Little Has Changed From Prior Interpretations of the Threshold", client seminar 2010

News

Jun
01
2014

Recent Appointments

Gabriela Nagy and Aleks Zivanovic on their election to the OBA Council Aleks Zivanovic, on her appointment to the Board of Directors of the Canadian Defence Lawyers Audrey Ramsay, on assuming the role of Chair, OBA Insu......

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

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