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Xavier is an experienced civil litigation lawyer, with a focus on insurance, franchise, employment and administrative litigation (professional regulation and human rights litigation).
Xavier has attended trials, appeals and motions before the Ontario Court of Appeal and the Superior Court of Justice and a variety of administrative tribunals.
Xavier has handled cases against some of the leading insurance companies, employers and franchisors in Canada, and has been on the opposing side against the leading law firms in Ontario. He has argued critical and complex cases in Ontario.
Xavier has a pragmatic and client centred approach to litigation, never losing sight of the ultimate business objective of the client.
Experience
Xavier has experience in the following areas:
· Insurance breach of contract cases (non-payment of claims and bad faith claims)
· Wrongful and constructive dismissal cases
· Human Rights litigation before the Human Rights Tribunal and the Ontario Superior Court of Justice
· Franchise rescission and breach of good faith cases
· Review of franchise agreements to ensure compliance with the Arthur Wishart Act (Franchise Disclosure)
· Enforcement of foreign judgments
· Partnership and Shareholder disputes
Professional Activities
Xavier is an active member of the following organizations:
Law Society of Upper Canada
Canadian Hispanic Bar Association (Founding Member)
Credentials
Xavier received his law degree from Osgoode Hall Law School in 1998 and was called to the Bar in February 2000. Xavier is a member of the Ontario bar.
Xavier is fluent in Spanish.
Significant Cases
tel: 647-259-1772
fax: 647-259-1775
Garland v. Enbridge Gas Distribution Inc., 2008 ONCA 1
Lisyikh v. Canadian Law Enforcement Training College, [2007] O.J. No. 3621 (S.C.J)
Peel School District No. 19 v. 553518 Ontario Ltd. (c.o.b. Munden Park Electric), [2000] O.J. No. 4681 (S.C.J.)
Reynolds v. Kajin, [2004] O.J. No. 5070 (S.C.J.)
MDG Kingston Inc. v. MDG Computers Canada Inc., (unreported), Court File 102/07 (S.C.J.)
Peel School District No. 19 v. 553518 Ontario Ltd. (c.o.b. Munden Park Electric), [2000] O.J. No. 3581 (S.C.J.)
Williams (Litigation guardian of) v. Barnett, [2000] O.J. No. 3815 (S.C.J.)
Williams (Litigation guardian of) v. Barnett, [2001] O.J. No. 110 (S.C.J.)
1460904 Ontario Inc. (c.o.b. MDG Computers Scarborough) v. MDG Computers Canada Inc., [2006] O.J. No. 4390 (S.C.J.)
Bruno Appliance and Furniture Inc. v. Cassels Brock & Blackwell LLP, [2007] O.J. No. 4096 (S.C.J.)
Xavier Navarrete successfully resolved at the Court of Appeal the largest settlement for a class action representative. In Garland v. Consumers Gas, Xavier negotiated a payment to Mr. Garland of $90,000.00 for his assistance throughout the class action. The highest compensation for a representative plaintiff.
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