Frank Costantini

Full Profile

Frank Costantini is a Senior Counsel at Clyde & Co based in Toronto. Having previously practiced in New York City, Frank is called to bar in New York and Ontario.

Frank regularly provides coverage advice and litigation support to insurers in a broad range of areas, including commercial general liability, financial and professional services and directors' and officers' liability insurance.

Frank’s areas of practice also include insurance coverage litigation, professional liability, subrogated claims, construction claims, product liability and general tort litigation.

He has acted for municipalities, domestic manufacturers, foreign distributors in cross-border litigation, sports associations, construction companies and various contractors at all levels of construction pyramid.

He is accustomed to dealing with contentious and complex matters and appeals. Frank approaches matters in a thorough, thoughtful and pragmatic manner. He is a strong and forceful advocate in a courtroom, and has represented his clients on many occasions at the trial and appellate court levels.

Outside of work, Frank enjoys piloting aircraft and family time with his wife and daughters.

Admissions

• Ontario (2008)
• New York (2004)

Education

• Osgoode Hall Law School Certificate in Privacy Law and Cybersecurity Law, 2022
• Michigan State University College of Law Juris Doctor, 2002
• Michigan State University College of Law Concentration in International Law, 2002

Memberships

• Advocates Society
• Toronto Lawyers Association
• Canadian Owners and Pilots Association

Experience

• Arcamm v. Avison, 2023 ONSC 4193 (CanLII) – Obtained an Order for full indemnity costs on behalf of our property manager client after successfully opposing the plaintiff’s motion for summary judgment in a lien claim arising from improvements made on a commercial property and bringing a successful cross-motion for summary judgment against a co-defendant property owner for enforcement of contractual duties requiring the owner to indemnify and hold harmless our client.
• Arcamm v. Avison et al., 2023 ONSC 1360 (CanLII) – Obtained judgment for contract enforcement against property owner requiring it to indemnify and hold harmless our property manager client from all liabilities, costs and expenses arising in connection with a lien claim brought a plaintiff who made improvements to the owner’s commercial property. Also obtained dismissal of the owner’s crossclaim as against our client.
• Arcamm v. Avison et al., 2023 ONSC 1151 (CanLII) – Obtained dismissal of a million-dollar lien claim by opposing the plaintiff’s motion for summary judgment on the basis that our property manager client was not an “owner” as defined under the Construction Act but was acting solely as an owner’s agent and was thus not legally liable to pay for improvements made to a commercial property.
• YRCECC No. 1210 v. 7 Brighton Place Inc., 2019 ONSC 563 (CanLII) – Obtained dismissal of motion to amend crossclaim to plead breach of contract for failure to procure wrap-up liability insurance coverage against developer in high-rise condominium construction project.
• Oz Merchandising Inc. v. Canadian Professional Soccer League Inc., 2018 ONSC 7468 – Obtained dismissal of plaintiff’s pre-trial motion for leave to amend Claim to add over $42 million in new claims with important favourable rulings that shaped the outcome of the jury trial that resulted in dismissal of all claims against client Canadian Soccer Association in complex decades long commercial dispute for pure economic losses related to semi-professional soccer franchise. Successfully defended rulings on Appeal to Divisional Court, Court of Appeal and on leave application to the Supreme Court of Canada.
• Becerra v Ronchin, 2016 ONSC 4232 (CanLII) – Obtained dismissal of plaintiff’s motion to amend Statement of Claim issued pursuant to the Construction Lien Act, R.S.O. 1990, c.C.30 on the basis of improper joinder of new contract and trust claims pursuant to the Act.
• Decision No. 923/15, 2016 ONWSIAT 644 (CanLII) – A worker's right to sue his employer for injuries sustained in a fall from a ladder was taken away after a two day hearing for examinations, cross-examinations and closing arguments before the Workplace Safety and Insurance Appeals Tribunal.
• Pritchard v. Roadknight, 2013 ONSC 1939 (CanLII) – Obtained dismissal of Third Party Claim on summary judgment granted on behalf of the employer/client in a subrogated environmental claim arising from the release of fuel oil from an oil storage tank.
• Salami v. North Castlemore Developments Inc., 2012 ONSC 841 (CanLII) – Obtained dismissal of a motion to amend Statement of Claim on the basis of actual prejudice under Rule 26.01 of the Rules of Civil Procedure in a construction deficiency personal injury claim.
• Trench v. Parmat Investments Ltd. et al., 2010 ONSC 1564 (CanLII) – Obtained dismissal of motion to amend Statement of Claim to add Canada Post as a defendant pursuant to the Limitations Act 2002, S.O. 2002.
• Cilurzo v. Kando, 2010 ONSC 5535 (CanLII) – Obtained dismissal of motion to amend Statement of Claim to plead a claim under the OPCF 44R Family Protection Coverage on the basis of contractual limitation and pursuant to the Limitations Act, 2002, S.O. 2002.
• Connecticut Indemnity Company, Plaintiff, v. Miguel Carela, 2007 U.S. Dist. LEXIS 54891 (D.N.J. 2007) – Obtained summary judgment and declaration of coverage under a "non-trucking" or “bob-tail” automobile liability policy in muti-state coverage dispute. Primary motor-carrier insurer was declared insolvent and the New Jersey Property-Liability Insurance Guaranty Association was activated to respond. A coverage dispute ensued. Tractor owner-operator insurer Connecticut Indemnity relied on non-trucking and limitation of liability endorsements under New Jersey law to deny coverage. The endorsements were found to violate New York statute, which law prevailed in a choice of law analysis. Connecticut Indemnity was ordered to respond to the full extent of coverage as primary insurer.