Lawyer Profile
Rafal Szymanski
Toronto, Ontario
Overview
Rafal is a pragmatic advocate. He appreciates that the best, most efficient, resolution to litigation often occurs before a case comes before a judge. When a negotiated settlement cannot be reached, however, Rafal’s extensive litigation experience allows him to skillfully navigate his cases through the courtroom. Judges have commended Rafal for the “most professional and efficient manner” in which he presents cases. Rafal has a diverse litigation practice focused on professional negligence. He spends equal time defending police civil liability claims and lawsuits or regulatory proceedings against members of the financial services industry, including financial advisors, insurance agents and brokers, mortgage brokers, and appraisers. Rafal has also been asked to defend lawsuits against other professionals, such as paralegals, engineers, home inspectors, and physiotherapists. Described as confident, creative, resourceful, and “grace under pressure,” clients often look to Rafal for a fast and cost-effective disposition of claims, but appreciate his courtroom experience. His police clients also appreciate his discretion when dealing with sensitive issues under the microscope of public scrutiny. Obtained an order declaring a serial litigant to be vexatious and prohibiting him from commencing any action in Ontario without prior court approval. The Respondent was also prohibited from continuing any existing action without first obtaining court approval. View decision here. Successfully opposed a motion for summary judgment in a racial profiling claim against police. The Plaintiff alleged he was unlawfully arrested for breaching his recognizance of bail on the basis of inaccurate CPIC information. He also claims he was unlawfully pulled over two days later. His request for judgment was denied. View decision here. Successful on a cross-motion for summary judgment. The plaintiff alleged various Charter violations in relation to the operation of a government program. The claim was dismissed on the basis of a missed limitation period and failure to provide notice under the Proceedings Against the Crown Act. View decision here. Successfully obtained summary judgment on appeal in an action against an appraiser. The plaintiff alleged that the appraiser overvalued a property and caused a municipality to back out of a development agreement. The Court of Appeal found in favour of the appraiser on the merits and determined the action was out of time in any event. View decision here. Brought a successful motion for summary judgment to dismiss an action against a real estate appraiser. The Plaintiffs argued that the appraiser deprived them the opportunity to obtain a mortgage for the purchase of a residential property. The motion judge found that the appraiser did not cause the Plaintiffs’ purchase to fail. Successfully defended an appeal from a motion decision refusing to add our client as a defendant to an action because the plaintiff failed to obtain leave to bring the motion.View decision here. Successfully appealed a trial decision from the Small Claims Court where a police officer was found to have racially profiled the Plaintiff during the course of a traffic stop. The finding of racial profiling was reversed and the judgment set aside. View decision here.
Practice Areas
Bar Information
Called to the bar: 2010 (ON)