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W. Colin Osterberg

519-672-2108 ext. 225
costerberg@mdolaw.ca

Assistant

Joanne Leonardo
519-672-2108 ext. 247
jleonardo@mdolaw.ca

Law Clerk

Teresa Thorogood
519-672-2108 ext. 236
tthorogood@mdolaw.ca

Law Clerk

Ann-Marie Poisson
519-672-2108 ext. 239
apoisson@mdolaw.ca

Colin Osterberg is a partner at McCall Dawson Osterberg Handler LLP.  Colin earned a Bachelor’s Degree at the University of Western Ontario in Political Science Honors in 1988.  He graduated law school from the University of Western Ontario in 1991.  Colin was called to the Bar of Ontario in 1993 and has practiced insurance defence litigation since that time.  He represents insurers in a wide range of litigation matters including tort claims, accident benefits claims and coverage opinions.  Colin has extensive experience in all aspects of litigation practice, including dispositive motions, mediations, trials and appeals. 

Selected Decisions

Superior Court of Justice

  • Chirnside v. Charpontier (2016) – Three week jury trial defending motorist who struck a bicyclist on a highway resulting in the death of the cyclist.  Jury dismissed the action finding no liability on the motorist.

  • Mailloux v. Mindorff (2016) – Plaintiff’s action for damages arising out of a motor vehicle accident dismissed on motion for summary judgment.  Costs awarded to the defendant.

  • Patrs v. Rama Police (2016) – Plaintiff’s action for assault/excessive force by arresting officer dismissed on motion for summary judgment.  Costs awarded to the defendant.

  • Merlo/Pickens v. Riocan Holdings et al (2016) – Defendant’s motion that co-defendant take over the defence and indemnify Riocan with respect to the plaintiff’s action for damages arising out of a motor vehicle accident.  Costs awarded to the defendant.

  • Grayling v. Haldimand County (2014) – Plaintiff’s action for damages arising from a trip and fall on a sidewalk.  Finding of 50% contributory negligence on the plaintiff at trial.

  • McKay v. Woodstock (2006) – Plaintiff’s claim for damages arising out of a fall on a sidewalk.  The trial judge found the plaintiff had not adequately established liability and dismissed the plaintiff’s claim.  Costs awarded to the defendant. 

  • Halbouni v. Al-Silwadi (2006) – Defendant’s motion for production of the plaintiff’s medical records material to the main action which were not provided to the defendant in advance of settlement discussions.  The records were ordered to be produced with costs awarded to the defendant.

  • Bailey v. Leamington (2000) – Plaintiff’s claim for damages arising out of fall on a roadway.  The plaintiff’s action was dismissed by the trial judge with costs awarded to the defendant.

  • McCaig v. Sheridan (1999) – Plaintiff’s action for damages alleging misrepresentations with respect to animal insurance coverage regarding loss of a herd of buffalo.  The trial judge dismissed the plaintiff’s claim and awarded costs to the defendant. 

Tribunals

  • McLarty v. Chatham-Kent (2014) – This arbitration involved a number of claims resulting from the construction of a building in Chatham-Kent which was dismissed with costs awarded.

  • Freeman v. Chatham-Kent (2013) – Human Rights Tribunal Application alleging housing discrimination dismissed at tribunal summary hearing.

  • Murray v. Craigwood Youth Services (2011) – Human Rights Tribunal Application alleging discrimination by her employer dismissed as application commenced out of time.