Nick Lavkulik Nick is a mediator at Devry Smith & Frank LLP who primarily works in personal injury, insurance, and general civil litigation. Over the last six years, Nick has worked on both the interpersonal and transactional sides of legal services. He mediated cases from the Small Claims Court system through St. Stephen’s Community House while completing his year-long ADR Graduate Certificate at Humber College. Also, he served unicorns to Fortune 500 companies at a leading American law firm while completing his JD MBA at the University of San Francisco. Lastly, Nick earned a mediation intensive certificate from Harvard Law School’s Program on Negotiation.This unique perspective rooted in tradition allows Nick to see the forest through the trees and keep mediations on track to get the job done – good deal, case settled, and file closed. Taking a straight forward approach, he works with parties to get perspectives across the table in a way that is persuasive, credible, and collaborative. And for a limited time on select prescribed roster dates, you get a seasoned Ontario-leading mediator, his father David Lavkulik, as a co-mediator – free of charge. Outside of his professional career in law, Nick is an internationally awarded guitarist who has studied with some of the top jazz musicians in the world – including GRAMMY nominees, JUNO recipients, and unsung innovators. During his Music Performance degree at the University of Toronto, Nick gained a rigorous creative discipline which informs his legal and business practice as a mediator to bring a personal and efficient approach to resolving cases. Prescribed Roster RatesHalf Day Two-Party Mediation: $600Scheduled for three hours for 10:00 AM – 1:00 PM or 1:30 PM – 4:30 PMFull Day Two-Party Mediation: $1,200 Scheduled for six hours for 10:00 AM – 4:00 PMAdditional ChargesEach Additional Party $75Each Additional Hour $250Cancellation FeesThere are no cancellation fees unless less than 24 hours notice of the scheduled mediation is provided.ModalityMediations are conducted virtually via Zoom unless requested otherwise.In-person mediation fees remains the same when mediations are conducted at Devry Smith Frank’s Toronto offices (Lawrence and DVP). In-person mediation fees otherwise are subject to an increase accommodating room rental fees and travel outside the GTA.For any other requests or accommodations please contact me at nick.lavkulik@devrylaw.ca By Fauzan SiddiquiJuly 7, 2023May 21, 2024
Martin Prost Martin Prost joined Devry Smith Frank LLP (“DSF”) in 2022 as a result of the merger of our firms. Martin Prost was born on a farm in what is now the east end of Hamilton, Ontario, where hard work and common sense were the key ingredients of everyday life. After finishing High School in Stoney Creek, he obtained his first university degree in an honours bachelor of arts (Classics) program, not surprisingly at McMaster University. He then proceeded to London for his law degree at the University of Western Ontario. Upon being called to the bar in 1974, he began his practice of law in the Town of Midland. Although he remained in general practice his interest gravitated to family law and other areas of law involving personal conflict. From there he developed an interest and aptitude in conflict resolution skills, beginning with a relational mediation course in California in 1981. Thereafter, he added to those skills by gaining experience along the way and by further courses in Alternative Dispute Resolution at the University of Windsor and a course in Divorce and Child Custody Mediation with CDR Associates in Boulder, Colorado. This led to an interest in family group conferencing and restorative justice circles both of which are based on similar principles. In 1998 he brought together the local Youth Court Judge, the Chief of Police, the school Attendance Officer, and other interested community members to establish the FACE Program, being a restorative justice project to divert young offenders from Youth Court to restorative circles designed to heal relationships between victims, offender and others affected by their behaviour. From there he has arrived at a personal belief that conflict is a valuable resource that should never be taken away from those directly involved except as a last resort, and then only as a temporary measure. Situations that involve conflict should be welcomed as opportunities for growth and renewal for partners, families and communities alike. By Fauzan SiddiquiSeptember 27, 2022December 5, 2022
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
Todd E. Slonim Todd received his B.A. in communication studies from the University of Calgary. While there, he created a documentary film that won Best Human Interest Documentary at the North West International Film Festival in 1999. Todd then attended Cardiff Law School in Wales and completed his LL.B. He returned to Canada to attend Dalhousie Law School, before returning to Toronto to complete his articles with a family law firm. Todd is a partner in our family law department. He has been involved with many difficult and complex cases. In addition to appearing at all levels of courts in Ontario, Todd is a proponent of resolving family law matters through Alternative Dispute Resolution. He has achieved excellent results for his clients in mediation and arbitration while avoiding the pitfalls of court proceedings. Todd is an accredited family law mediator. He brings an insightful, practical and efficient approach to mediation to help guide the parties towards the resolution of their family law disputes. Todd promotes the mediation process as a positive and reliable alternative to litigation. Todd is a trained collaborative family lawyer. He advances the collaborative practice as a practical and alternative process to court to help families achieve settlement in a respectful, creative and cost-effective manner. Todd is a member of the Ontario Bar Association, Law Society of Ontario, the Association of Family and Conciliation Courts, the Ontario Association for Family Mediation, Collaborative Practice Toronto and York Collaborative Practice. By Fauzan SiddiquiMay 27, 2020March 18, 2024 No comments yet
Eric Gossin Experienced lawyer and mediator Eric joined Devry Smith Frank LLP in July 2019. Eric was called to the Ontario Bar in 1977. He has incorporated into his practice a broad range of experiences including Corporate and Commercial Law, Estate Planning and Administration, Family Law and Real Estate. This leads to his serving clients and providing advice in all aspects of their lives. He has extensive experience in succession planning for both businesses and individuals who wish to insure that their plan accomplishes their wishes. He often works with other professional advisors to insure that all practical considerations, including tax issues, have been considered. Eric provides support for clients in the administration of estates and insuring to the extent possible that the administration proceeds smoothly without conflict. His negotiation skills and many years of completing complex transactions are value-added services which only a broad experience can provide and his training as a mediator is particularly helpful in this aspect of his practice. By Fauzan SiddiquiMay 20, 2020April 9, 2024 No comments yet
J. Lynne Frank Lynne Frank was called to the Bar in 1982 and has practised exclusively in the area of civil litigation throughout her career. She received a B.A. from Dalhousie University and is a graduate of Queen’s University Law School in Kingston, Ontario. She has appeared before many different courts and tribunals in Ontario including the former Supreme Court of Ontario and District Court of Ontario, the Ontario Court of Appeal, the Workplace Safety and Insurance Board and the Financial Services Commission of Ontario where she has sat as a roster arbitrator. 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
Robert P. Adourian Robert Adourian practices with the Devry Smith Frank LLP in Toronto. He is a graduate of the University of Windsor Law School and was called to the Bar in 1980. He practices in the areas of real estate, wills, estate planning, and estate administration. He gives presentations to community groups on topics such as “Buying Your First Home” and “Why You Should Make A Will.” His real estate practice includes residential, commercial, and industrial transactions, including representing major banks and trust companies in financing transactions. He has taught in the Real Estate section of the Bar Admission Course and has served as a mentor to law students and young lawyers. Robert is an active member of the Armenian Bar Association, a worldwide organization of Armenian lawyers, and has served on the Association’s Board of Governors. Robert is also currently an elected Bencher of the Law Society of Ontario. By Fauzan SiddiquiApril 28, 2020April 24, 2024 No comments yet