Mark O. Charron

Representative Work

Automobile Insurance

• Herbison v. Lumberman's Mutual Casualty Co. (2003) O.J. No. 3024 (S.C.J.)
• Herbison v. Lumberman's Mutual Casualty Co. (2005) O.J. No. 2262 (Ont. C.A.)
• Herbison v. Lumbermens Mutual Casualty Co., [2007] 3 S.C.R. 393
• In October 2007, the Supreme Court of Canada reversed two Ontario Court of Appeal decisions on the issue of whether or not, under certain circumstances, an injury can be said to have arisen from the "use or operation of a motor vehicle. Mark successfully represented the appellant in one of those decisions, Lumbermens Mutual Casualty Company v. Herbison et al. Justice Ian Binnie wrote both Lumbermens v. Herbison and the companion decision of Citadel v. Vytlingam on behalf of a unanimous court.

Police Negligence

• Magas v. Monette et al. [2006] Justice Brennan (S.C.J.)
  In this case, which arose from a unique set of factual circumstances, Mr. Charron once again successfully defended two members of the Ottawa Police Force against numerous allegations, including the tort of negligent investigation. The matter was heard before the Ontario Court of Appeal on January 26, 2009, where the trial decision was upheld. A leave application to the Supreme Court of Canada is pending.
• Burns v. Johnston [2003] O.J. No. 2456 (S.C.J.)
  The tort of negligent investigation in police cases is novel, and Mr. Charron has acted on numerous occasions in successfully defending those types of claims on behalf of the Ottawa Police Services. He did so at this trial, involving an alleged negligent investigation arising from a coroner's report as to the cause of death.

Jury Trials

The decisions in jury trials are not reported, and civil jury trials are increasingly scarce in number. Over the years, however, Mark has taken several cases to trial before a jury, with an excellent success rate achieved on behalf of his clients.