When you're injured, it can be a scary thing, and you want to know you've got a legal team on your side that you can count on. At the Karn Malhotra Law Office in Hamilton, we put our expertise to work on your behalf. We invite you to learn more about our team and then contact us to get started.
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 and his team advocate passionately for their clients. Their focus is motor vehicle accidents, long term disability claims and slip and fall cases.
Karn works in association with Philip Chu, Licenced Paralegal.
Karn has served on the Board of Directors for the Ontario Trial Lawyers Association and Research Ethics Board.
Please take a moment to view this helpful video from the Law Society of Upper Canada.
Jeanette Ford, Law Clerk - Extension 202
Jeanette has 20 years of experience working in personal injury law firms and has been a valued member of Karn Malhotra's legal team for more than 10 years. Jeanette enjoys being an advocate for those who are too injured to do so for themselves.
She says, "There's nothing like the feeling of knowing that you have helped someone improve their life, whether that is finding them the right treatment provider, getting a benefit reinstated that had been denied or getting them the compensation they deserve."