Rodney M. Godard, B.A., LL.B.
Windsor, ON N9A 4L2
Rod Godard is a partner at Kirwin Partners LLP. Rod has practised as a civil litigator since 1978. His litigation practice is restricted to civil litigation and dispute resolution. He focuses on the areas of commercial litigation, construction litigation, insurance litigation, personal injury and labour and employment related disputes as well as employment law disputes. He has extensive experience in trials and appeals before the Superior Court, the Divisional Court, the Court of Appeal and in hearings before Administrative Tribunals.
Rod is a trained mediator and is also a regular presenter of advocacy and litigation related skills to various professional organizations. Rod has been a sessional lecturer in civil procedure and civil trial advocacy at the Faculty of Law, University of Windsor.
Here are some of the highlights of Rodney M Godard’s legal career stemming 41 years
1. Carrigan v. Carrigan Estate, 2012 ONCA 736 (CanLII)
Upon a successful appeal, the Court of Appeal’s interpretation of the pre-retirement death benefit provision under section 48 of the PBA is now law.
2. Bailey v. Milo-Food & Agricultural Infrastructure & Services Inc., 2017 ONCA 1004
Created a novel and credible argument that until employment is completed the claim for severance pay does not crystalize.
3. Oza v. Oza, 2018 ONCA 360
Successfully defended an appeal from an order declaring that life insurance proceeds from a deceased father’s life insurance policy are payable to the father’s estate and not assigned to a revocable beneficiary.
4. Oram v. National Bank of Canada, 2003 CanLII 49341
Successfully blocked a power of sale proceeding and secured and interlocutory injunction restraining the defendant bank.
5. Sian v. Kooner,  O.J. No. 807
Successful on a motion for summary judgment dismissing a claim for breach of a limitation period.
6. Howey v. 538134 Ontario Corp.,  O.J. No. 1554
Successful on a judgment on settlement, requiring the Defendant to pay all the money they held back for tax purposes.
7. Veolia ES Industrial Services Inc. v. Brulé,  O.J. No. 1183
Successfully cross appealed against an employer for breach of a non-competition covenant in an employment contract.
8. Park Contractors Inc. v. Royal Bank of Canada, 38 O.R. (3d) 290
Was successful in arguing that a construction lien was to be paid out before the bank’s mortgage, as the property at the time of the lien had no value.