AVI SHARABI has intimate knowledge of the Canadian, North American, and London insurance markets. He has gained experience as both a litigator, and in-house. His experience provides him with a unique perspective, allowing him to be better attuned to the needs of insurers. His practice primarily encompasses acting as coverage and defence counsel for insurers. He also acts for non-insurer clients in commercial disputes.
Avi’s insurance coverage practice focuses on directors and officers, errors and omissions, property, and commercial general liability insurers, both primary and excess. His insurance defence practice mainly focuses on defending professionals (such as financial professionals, brokers, health care professionals, and construction professionals), product liability claims, property damage claims, casualty claims, and defamation claims. His commercial litigation practice primarily focuses on contract disputes.
Avi has experience litigating at all levels of Canadian common law courts, as well as at arbitrations and mediations. He has provided advice to insurers in the U.S. and international jurisdictions where Canadian common law is applicable. He has provided client seminars on insurance coverage, professional liability, and media liability. Avi has been peer-nominated as a Rising Star for his work in insurance and reinsurance law in Canada by Expert Guides in 2018, 2020, 2021 and 2022.
- Successfully argued for time-on-risk allocation in coverage application amongst several concurrent insurers. Paul Fire and Marine Insurance Company v. AIG Insurance Company of Canada. et al., 2019 ONSC 6489 (CanLII)
- Successfully argued a partial summary judgment, resulting in the dismissal of all individually named defendants in a complex condominium dispute by a unit owner against the condominium corporation and all unit owners. 1229965 Ontario Inc. v. York Condominium Corp. No. 263, 2020 ONSC 1639 (CanLII)
- Successfully argued appeal at Ontario Court of Appeal, overturning application decision, regarding the interpretation of a Sexual Abuse Exclusion in a commercial general liability policy. Southside Muay Thai Academy Corporation v. Aviva Insurance Company of Canada, 2020 ONCA 385
- Successfully resisted the production of a client’s hard drives in an interlocutory production motion. Ceballos v. Aviva Insurance et al., 2021 ONSC 4695 (CanLII)
- Successfully argued for the dismissal of an oppression remedy application against a condominium corporation by a unit owner over a noise complaint. Kikites v. York Condominium Corporation No. 382, 2022 ONSC 4606 (CanLII)
- Acting for commercial general liability, property, and specialty insurers in various insurance coverage and bad faith litigation claims.
- Acting for insurance brokerage in mass professional negligence claim and parallel class action.
- Acting for municipal public health body in mass tort infectious disease claim.
- Acting for cyber insurer in respect of data breach claims.
- Acting for D&O insurer in 8-figure debenture claim.
- Acting for D&O insurer in employment class action.
- Acting for E&O insurer in financial advisor fraud class action.
- Acting for medical product manufacturer in mass tort claims.
- Acting for insurance brokers defending Covid-19 pandemic insurance coverage claims.
- Acting for property insurer in environmental spill claim.
- Acting for E&O insurer in claim by design professional in respect of large infrastructure project.
- Acting for excess commercial general liability insurer providing coverage advice in respect of a multi-million-dollar pharmaceutical lawsuit.
- Acting for property insurer in complex construction first-party claim spanning multiple policy periods.
- Acting for home insurer in gas explosion claim.
- Acting for hospital in medical malpractice claim.
- Acting for regulated health care professional in malpractice claim.
- Acting for financial advisor in professional negligence claim.
- Acting for condominium corporation in property damage claim.
- Acting for business person in breach of contract claim by former business partner.
- Acting for members of a joint venture in real estate dispute by other members of the joint venture.
- Acting for director/shareholder in contentious sale of company.
- Acting for national media company in defamation and privacy litigation.
- CGL Coverage Concepts, Client Seminar, 2021
- Double Duty: The equities of concurrent duties to defend, Stieber Berlach LLP Insurance Law Update Seminar, 2020
- Insurance Issues in Technology Contracting, CanTech’s 2018 Technology Law Spring Forum, 2018
- The 2017 Highlights in Cyber Insurance Explored, The Knowledge Group webcast, 2017
- Insurance Coverage Issues, Client Seminar, 2016
- Professional Liability Issues, Client Seminar, 2016
- Defamation on the Internet, Speaker, Client Seminar, 2015
- “Double Duty: The equities of concurrent duties to defend,” Stieber Berlach LLP Insurance Law Update Seminar, 2020
- “Should MDS Inc. v. Factory Mutual Insurance Company (FM Global) Impact COVID-19 Business Interruption Claims?,” Stieber Berlach LLP Case Commentary, 2020
- “Much Ado About Nothing: Three Reasons why the Brick v. Chubb Decision does not add much to the Law of Cyber Insurance,” Client Newsletter, 2018
- “The Correct Approach to the Interpretation of Boilerplate Policy Wording in Canada,” Client Newsletter, 2016