
Graul v. Kansal – An Abundance of Teaching Moments
The recent decision of Justice Lemon in Graul v. Kansal weighs in at 182 pages and comes with plenty of teaching moments about defending personal injury...
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What did I just trip on?
A recent decision of Justice Mitchell of Ontario’s Superior Court of Justice has re-affirmed that a plaintiff in a slip and fall case is not required to pin...
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Courts of Justice Act Medical Assessments – How Many is Too Many?
The issue of how many defence medicals are too many is the subject of a recent Ontario Superior Court decision. In the matter of Rocca and 6131646 Canada...
Read MoreCourt’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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