Tijana Potkonjak Tijana Potkonjak joined Devry Smith Frank LLP (‘DSF’) in 2022 as an associate lawyer in our personal injury, insurance defence and estate litigation departments. She earned her B.A. (Hons) from York University and her M.A. from Concordia University and finally received her J.D. from the University of Ottawa. She was called to the Ontario Bar in 2018. Prior to joining DSF, Tijana worked for multiple boutique firms across Ottawa and Toronto gaining valuable experience in various litigation matters like personal injury, motor vehicle accident (tort and accident benefits), medical malpractice, commercial disputes, long-term disability and more. She has appeared as counsel in the Ontario Superior Court of Justice, Ontario Court of Justice, Small Claims Court, and various Provincial Tribunals, including the: Licence Appeal Tribunal, Human Rights Tribunal, and Landlord and Tenant Board. Tijana is committed to helping her clients feel heard and understood, reassuring them that their unique trauma is going to be addressed with empathy and compassion while making sure that their claims are dealt with in an efficient and expedient manner. Tijana is experienced in providing representation in the following areas of practice: insurance denials for travel medical expenses, long-term disability, critical illness, fire loss, property damage, commercial policies estate litigation (Will challenges, dependent support claims, unjust enrichment, Family Law Act elections, objection to appointment of an estate trustee or motion to remove a trustee) probate applications (with or without a Will) capacity (capacity assessments, guardianship applications to appoint or remove a guardian, court-ordered assessments) commercial litigation (contract disputes, home defects, construction defects) negligence of real estate agents and brokers She speaks fluent French and Serbian/Croatian. She enjoys spending time with her partner and furry friends, exercising, and the outdoors. Tijana is a member of the Law Society Of Ontario. By Fauzan SiddiquiJuly 6, 2022September 27, 2023
Charlie Fuhr Charlie Fuhr joined Devry Smith Frank LLP (‘DSF’) as an associate lawyer in our commercial litigation, insurance defence, estate litigation and personal injury departments. He graduated with a BSc (Hons) and earned a double JD from the University of Windsor and the University of Detroit Mercy. He was called to the Bar in 2020. Prior to DSF, Charlie worked for a boutique firm in Toronto practicing in the areas of personal injury, civil and commercial litigation. He has represented clients in matters before various courts and tribunals, including the License Appeal Tribunal, Small Claims Court, Superior Court of Ontario, and Court of Appeal for Ontario. His practice with DSF encompasses a wide range of complex litigation matters. His representation of both commercial and individual clients has helped shape his tactical approach to litigation thereby maximizing a favourable outcome for his clients. Charlie values effective communication and while drafting strives for mathematical clarity by explaining calculations line by line along with the applicable assumptions. This client-centric approach has made him a respected and trusted advisor to many of his clients. Outside of work, Charlie has a particular interest in boxing and was the 3x Provincial Champion and competed at the National level. He is a member of the Law Society of Ontario. By Fauzan SiddiquiJune 14, 2022September 13, 2023
David Heppenstall David is a graduate of Osgoode Hall Law School (Juris Doctor, 2021) and the University of Guelph (Bachelor of Computing, 2008). David joined the commercial litigation and insurance defence groups at Devry Smith Frank LLP (DSF) following his call to the bar in 2022. David previously worked at DSF as both a summer student and as a student-at-law. As a litigation specialist, David has appeared before the Ontario Superior Court, Ontario Court, as well as various federal, provincial, and municipal agencies, boards, and commissions. Law is David’s second career, his previous being in computer science. For most of his technical career, David developed solutions for complex customer issues at Dell EMC. On multiple occasions, he received excellence awards for his focus on customer satisfaction, dedication, passion, and initiative. David’s broad experience with enterprise computing informs his legal practice. David is a national mooting champion. At the 2021 Adam F. Fanaki Competition Law Moot, David and his team won overall Best Faculty. Additionally, he also won Best Factum and Best Oralist awards—demonstrating command over both written and verbal advocacy. David was deeply involved with his law school and became highly decorated during his studies. Osgoode awarded David with multiple graduation prizes and other awards for excellence beyond academic achievement; including the Honourable Paul Bentley ’77 Prize for Professionalism, the Osgoode Hall Law Journal Prize, and a Student Honour Award. David also served as the Director of Production at the Osgoode Hall Law Journal, worked for three pro bono community legal clinics, and he volunteered with the Osgoode Mooting Society and the Osgoode Disability Collective. In his first year, his section awarded him the “MVP” Award. David is a high school law teacher, instructing extension program students who are interested in deepening their understanding of the law. David is a keen public speaker. He is a member and past president of both the Tuesday Literary Club and the Ruskin Literary and Debating Society. At the Tuesday Literary Club, he is a recipient of the Harry Fairhead Award of Merit. At Ruskin, he is a recipient of the George Sunderland Prize and the Ian Galt Award. David is an athlete, team leader, and adventurer. He participates in triathlons, captained two-floor hockey teams, portaged the backcountry in northern Ontario, bicycled solo 600 kilometres across southern Ontario, hiked Mount Kilimanjaro, and is a hang glider pilot. David is a notary public for the Province of Ontario. By Fauzan SiddiquiSeptember 29, 2020September 5, 2023
David Lavkulik David Lavkulik is an established Toronto mediator at Devry Smith Frank LLP. David was called to the Bar in Ontario in 1995. He received a B.A. (Econ.) from the University of Toronto in 1990 and a law degree from the University of Victoria (B.C.) Law School in 1993. David is a partner at Devry Smith Frank LLP and works as a lawyer and mediator. He has been with DSF since 1999. David has over 28 years of civil litigation experience, with a focus on Insurance-Personal Injury claims including Tort, Accident Benefits and Disability claims and Coverage disputes, Medical Malpractice claims, Professional Negligence, Employment Litigation, Estates Litigation, Real Estate Litigation, Commercial Litigation, and Sexual Abuse claims. Approximately 75% of his practice has been allocated to acting as counsel for various corporate defendants/insurers, with the remaining 25% allocated to acting for injured parties/plaintiffs. He has appeared in all levels of court in Ontario including trials (jury and non-jury), the Court of Appeal, Costs hearings, as well as at the Financial Services Commission of Ontario. David has extensive mediation experience, both as counsel and as a mediator. He has acted as a mediator in over 2000 claims. His work as a mediator has been described as “persistent”, “patient”, and a “demonstration of the real art of mediation”. His experience in acting for both plaintiffs and defendants provides him with valuable insight into the perspectives of both sides, both as a mediator and as counsel. David is distinguished as counsel by his ability to take on and turn around the most challenging cases where previous counsel was unable to achieve any results. His work as Plaintiff counsel on one such case was summarized by the Court following a 13-day jury trial as follows: “This was a long, complicated and very demanding trial. It was, at the same time, a very well thought out, planned and presented a case that Ms. M’s counsel placed before the jury… The health care issues were many and complex. Ms. M’s counsel was challenged to marshal the evidence necessary to help the jury to appreciate and assess the issues. I allow counsel fees for Mr. Lavkulik as senior trial counsel as that was the role he fulfilled in that forum. Trials demand much from counsel. They are not an arena for the timid. Trials challenge the skills, training and experience of any counsel. They present difficulties and pitfalls not easily avoided. This case is no exception; in fact, it proves the point. To the extent that billing rates are a relevant factor, I prefer to view them in this case at the highest levels of those usually thought applicable for timekeepers of each level or range of experience considered.”[1] The judge’s comments are particularly significant given the history of the claim (the action had been dismissed prior to David’s involvement [2])and the magnitude of the jury verdict [3] and trial judge’s costs award. David is also a part-time, yet award winning musician and songwriter. He plays guitar, keyboards and saxophone in several groups, is a member of the Nashville Songwriter’s Association International and Songtown and can occasionally be heard performing at venues in the GTA and Nashville. Mader v Hunter (2013) Costs Order following trial 2.Mader v Hunter (2004) Ontario Court of Appeal 3. The Jury Verdict and evidence at trial is summarized in the reasons at 1 above, and in the threshold decision at Mader v Hunter (2012) Threshold Motion following trial By Fauzan SiddiquiMay 27, 2020February 12, 2024 No comments yet
Jennifer M. Hetherington Jennifer Hetherington is a Toronto lawyer at Devry Smith Frank LLP (DSF) practicing in the areas of real estate, personal injury, insurance defence litigation and general civil litigation. Jennifer is a graduate of the University of Windsor where she received her Honours B.A. in Criminology. She obtained her LL.B. in 2001 from the University of Ottawa. Following her articling year at Devry Smith Frank LLP, Jennifer was called to the bar in October 2002. Jennifer became a partner in 2011. For further information about legal matters in regards to real estate, personal injury, insurance defence litigation and civil litigation, please contact Toronto lawyer Jennifer M. Hetherington at (416)-446-5838. By Fauzan SiddiquiMay 20, 2020September 5, 2023 No comments yet
Lawrence Hansen Acting for individuals, corporations and institutions, Lawrence Hansen has a highly varied commercial litigation practice which includes dealing with commercial disputes, business and employee fraud, the enforcement of judgments, debt recovery, contract disputes as well as litigation arising from commercial leases. Lawrence also has over ten years of experience with insurance-related matters, mostly but not exclusively for insurers, focusing on complex litigation matters, particularly those involving insurance fraud, coverage, title insurance, and allegations of bad faith. He has advised clients on difficult questions surrounding suspicious and potentially fraudulent claims, their investigation, the remedies available to clients, and high-risk arson claims. In addition, Lawrence has been retained to represent defendants in personal injury and product liability claims. From Canada’s Atlantic coast, Lawrence spent a year studying Spanish and living in South America and Mexico. He is a graduate of the University of New Brunswick (History), McGill University’s Faculty of Law, and has earned a Certificate in Conflict Management from the University of Windsor (Stitt Feld Handy). Lawrence has studied Spanish at the University of Toronto, in Costa Rica, Ecuador, Mexico and Venezuela. Lawrence is a member of the board of directors of the Simcoe County Law Association. By Fauzan SiddiquiMay 20, 2020September 5, 2023 No comments yet
George O. Frank George was called to the Bar in 1982 and has practiced primarily in the area of civil litigation throughout his career. He received a degree in Mathematics from the University of Waterloo and is a graduate of Queen’s University Law School in Kingston, Ontario, winning prizes in contracts law and mediations and arbitrations. George has been certified by the Law Society of Upper Canada as a specialist in Civil Litigation and has been an instructor of Civil Litigation at the Bar Admission Course in Toronto. Although the focus of George’s practice has been in the areas of personal injury, insurance defence and related areas, he also has extensive experience and expertise in employment law and wrongful dismissal, injunctions and equitable relief, real estate litigation, estates litigation and a wide variety of other commercial litigation. George has extensive training and experience in mediations and alternative dispute resolution. George’s personal injury experience includes claims arising in the context of car accidents, falls, dog bites, products liability, assaults and others. He has experience with complex personal injuries, including fatalities, spinal cord injuries (paraplegia and quadriplegia), traumatic brain injuries (head injuries) and serious orthopaedic and psychiatric injuries. George has experience dealing with claims arising in the context of automobile liability policies, homeowners policies, comprehensive general liability policies, excess and umbrella polices, fleet and garage policies and others. Claims which he has handled have involved a wide range of insurance issues, including coverage, tort, bodily injury, fire, theft, property, occupier’s liability, products liability, fidelity and employee dishonesty, statutory accident benefits, and underinsured, uninsured and unidentified motorists and subrogation. These claims have involved issues such as future income loss and future care claims, present value determinations, income tax gross ups, discount rates, structured settlements and claims of minors and other parties under a disability. Accident benefits mediations and arbitrations in which George has been involved have dealt with a variety of accident benefits issues including income replacement benefits (including self-employed claimants and entitlement after age 65), non-earner benefits, post-two year benefits, care giver benefits, medical and rehabilitation benefits, attendant care benefits, housekeeping and home maintenance expenses, death and funeral expenses, catastrophic designations and procedural issues dealing with termination of benefits as well as bad faith and special award claims. George is also experienced with related actions dealing with collateral benefits, including disability claims (both private disability insurance (LTD) and CPP disability), as well as related actions before the Workplace Safety and Insurance Board (WSIB), the Workplace Safety and Insurance Appeals Tribunal (WSIAT), and the CPP Appeals Tribunal. George has dealt extensively with a wide variety of experts, including actuaries, economists, forensic accountants, doctors and other health care providers, engineers and investigators. Trials and arbitrations in which George has been involved have dealt with most of these issues. George has extensive experience with procedural and interlocutory matters including appeals of interlocutory and final orders at all levels of the courts. George has appeared before many different courts and tribunals in Ontario, including the Federal Court of Canada, the Ontario Court of Appeal, the Ontario Superior Court of Justice, the Workplace Safety & Insurance Board, the Ontario Municipal Board, the Financial Services Commission of Ontario and the CPP Review Tribunal. George has extensive training and experience in mediations and alternative dispute resolution. He has been a mediator and judge at the International Competition for Mediation Advocacy. Cases in which George has been counsel have been reported in the Ontario Reports, the Canadian Bankruptcy Reports, Carswell Practice Cases, the Ontario Rules of Civil Procedure and other trade and business publications. He has spoken at various continuing education and other programmes on a variety of legal topics. By Fauzan SiddiquiMay 19, 2020January 18, 2024 No comments yet
