Karn Malhotra, BA (Hons), LLB, LLM
Karn Malhotra was called to the Ontario Bar in 1993. He received his Masters of Law degree in Civil Litigation and Dispute Resolution from Osgoode Hall Law School. This degree allowed him to study underlying legal principles in depth and consider novel arguments to champion his clients' cause.
As a young lawyer in 1993, he acted for a disabled person who sustained seemingly minor injuries, while boarding a DARTS bus. Cathy was not entitled to any compensation because the law required that for pain and suffering claims to succeed, accident-related injuries be permanent and serious. Karn successfully argued before the Superior Court of Justice that Cathy could sue for breach of contract because she had paid the fare for safe transportation by DARTS. He successfully argued that an implied term of the contract was that she would be transported safely, and when she was injured in the process, there was a breach of contract and outside the scope of the Insurance Act. It was a novel argument in the context of the Insurance Act. It led to not only Cathy's case being successful but also opened doors for a number of injured people to receive compensation, which they would not have received otherwise.
Even though Karn's focus has been personal injury claims, in 1998, he took the case of a homeowner who became disabled and had bought mortgage insurance. When the disability insurer paid the claim, it had to pay the interest rate at a higher rate which was applicable when the disability started. However, subsequently, interest rates dropped, and by the time the claim was accepted by the disability insurer, there was an excess payment which was characterized by the court as “windfall.” Royal Bank, which held the mortgage, argued that the windfall belonged to it because it was the group insurer. Karn successfully argued that it belonged to the homeowner. It was a novel argument that had not been raised before. Karn was successful before the Ontario Superior Court of Justice as well as the Ontario Court of Appeal. Subsequently, there were successful class actions against the bank, pursuing the same legal argument.
In 2007, while acting for an injured minor, he successfully was able to get funding for siblings' summer camps because their parents' focus was on their injured brother. The court-approved settlement in excess of $1.5 million.
Karn was mentored by Stanley M. Tick, Q.C., and Gary Logan, Q.C. While with Stanley M. Tick & Associates, he also acted for insurance companies as well as participated in class action proceedings.
Karn advocates passionately for his clients. His focus is on motor vehicle accidents and long term disability claims.
Karn has served on the Board of Directors for the Ontario Trial Lawyers Association and the Research Ethics Board.
Please take a moment to view this helpful video from the Law Society of Upper Canada.