
Court’s in Session:
SCJ’s expanded virtual court operations and Corbett J. guidelines for remote hearings as set out in Ontario v. Ontario Association of Midwives, 2020...
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SNOW…AND ICE, ICE, BABY
All right, stop, collaborate and listen… Snow arrived much earlier than many of us expected. It isn’t 12 Inches of Snow just yet, but it is a seasonal...
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Wait – Let Me Grab My Purse!
In the recent LAT decision of S.B. and Aviva, a woman who sustained injuries after retrieving her purse from her car, closing the door, and then falling to...
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How long has that been leaking?
Ontario’s Court of Appeal recently addressed the issue of “discoverability” in a contractor negligence and public health authority claim. In Presley v....
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Homeowners, Distributors and Contractors – Plenty of Blame to Go Around in Spill Case
The Court of Appeal has dismissed the appeal of a fuel supplier found 40% at fault in a case involving the discharge of 500 litres of fuel oil from two...
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Mitigation? I Don’t Think So. (there’s a twist)
A recent case out of Ontario’s Superior Court of Justice focuses on the obligation of an insurer under a labour and materials payment bond. What makes the...
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“Other Insurance” and “Irreconcilable Limiting Intentions”
What happens when two insurers cover the same risk and each declare themselves excess to other available insurance? Ontario’s Court of Appeal addressed that...
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The Tort Threshold. Not all is as it seems.
The case of O’Brien v. O’Brien, 2018 ONSC 4665, is a tort threshold motion brought by some of the defendants after a jury trial where damages was...
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Getting Paid to Sleep? Professionally Designated Spouses Can Now Be Paid for Overnight Supervisory Care.
The decision in E.E v Aviva Insurance Company, 2018 CanLII 76415 (ON LAT) deals with a request for reconsideration by the respondent of parts of the...
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Should you indemnify? You better you better you bet.
With tension like The Who’s iconic song, the July 17, 2018 loss transfer private arbitration award of Fred Sampliner in State Farm v. Economical...
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Are they spouses? To live together, or not to live together, that is the question.
kin to the controversy unleashed by Claudius’ usurpation of the Denmark crown, the July 10, 2018 endorsement of Justice Morgan in Royal v....
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Hey Neighbour…It’s About that Fence
The Court of Appeal has provided further guidance on the issue of prescriptive easements in the case of Hunsinger v. Carter. The case involved one...
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