Frank Costantini
Frank is a results-oriented litigator known for delivering practical, strategic solutions while maintaining an unwavering focus on his clients’ objectives. With more than two decades of experience in insurance-related litigation and coverage matters, he represents insurers, insured, and other stakeholders in complex disputes across a broad range of areas.
Frank earned his Juris Doctor from Michigan State University in 2002 and has practised in the insurance field since 2003. He was admitted to the New York State Bar in 2004 and called to the Ontario Bar in 2008. Prior to joining Dolden Wallace Folick LLP, Frank practised with prominent insurance litigation firms in New York City from 2003 to 2009 and in Toronto from 2009 onward. His experience practising in both the United States and Canada gives him a distinctive cross-border perspective in complex insurance and commercial disputes.
Frank has appeared before New York State, U.S. Federal and Ontario trial and appellate courts. His rare cross-border litigation experience, combined with his strategic and forceful advocacy, enables him to effectively represent clients in complex legal matters.
Frank has extensive experience in defending construction, commercial, professional liability, environmental, property and insurance coverage claims. Frank has advised insurers on policy interpretation and risk assessment and acts to resolve disputes using practical and experience-based solutions and favourable litigated outcomes for his clients. Frank’s specific areas of experience include:
Construction
Frank has significant experience handling complex construction disputes, including delay, design, and deficiency claims. He has represented owners, developers, property and construction managers, contractors, and subcontractors across a broad range of projects, including commercial and residential building construction, oil and gas infrastructure, hydroelectric projects, P3 capital infrastructure projects, waterway navigation matters, environmental disputes, municipal projects, and related claims.
Professional Liability
Frank’s practice includes the defence and excess monitoring of professional liability claims involving a wide array of professionals, such as engineers, architects, insurance brokers, mortgage brokers and agents, accountants, surveyors, lawyers, and other professionals across regulated industries.
Environmental Litigation
Frank represents insurers, corporations, and other stakeholders in complex environmental liability disputes involving contamination, pollution, and long-tail exposure claims. His experience spans residential, commercial, industrial, energy, mining, and marine operations, as well as environmental protection proceedings and matters involving navigable waters.
General Liability
Frank advises and represents insurers and insureds in a broad spectrum of liability disputes, including personal injury, property damage, product liability, motor vehicle, liquor liability, and occupier liability claims. He also has experience defending class actions involving cybersecurity, pharmaceutical, and long-term care home issues.
Sports and Recreation
Frank represents sporting associations, governing bodies, and athletic organizations in complex disputes involving liability claims, commercial conflicts, governance challenges, defamation, and other contentious matters.
Coverage
Frank advises insurers on complex coverage, risk, and claims issues throughout the life cycle of a claim, from initial coverage assessment through resolution. His experience includes matters involving priority of coverage, material changes in risk, misrepresentation, late reporting, warranty breaches, policy conditions, exclusions, and other complex coverage questions.
He is frequently retained to assist with high-exposure coverage disputes and negotiated resolutions involving multiple policy layers and competing coverage positions. His work encompasses a broad range of insurance products such as CGL, Bermuda form, builders risk / course of construction, wrap-up liability, professional liability, cyber, environmental impairment liability, contractor pollution liability, umbrella and excess liability, D&O, property, personal lines, automobile, and aviation hull and liability insurance.
Subrogation and Plaintiff Recovery
Frank routinely acts on behalf of insurers on subrogation recovery claims on a diverse range of subject matter such as fire and water related property damage, condominium structural, mechanical and envelope failures, freight brokerage & cargo loss, municipal infrastructure related losses, oil and gas industry system failures, solar farm electrical component failures, hydroelectric turbine failures and many other areas.
Cyber
Frank holds a Certificate in Privacy Law and Cybersecurity from Osgoode Hall Law School and advises clients on a broad range of cyber, privacy, and technology-related matters. His experience includes claims involving data breaches, network intrusions, spoofing and cyber fraud, cyber-related professional liability, insurance coverage disputes, and regulatory compliance issues. He also follows emerging developments in generative and agentic artificial intelligence, with a particular focus on risk, governance, liability, and regulatory considerations.
Notable Decisions
A summary of Frank’s notable decisions in various disciplines includes:
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. Full indemnity costs plus post-judgment interest was enforced and fully collected by writ of seizure and sale.
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.
