by Kevin MitchellJust Dig: Musings on Collateral Benefits
In the long awaited July 14, 2022 LAT award rendered in #20-007407/AABS by Vice-chair, Sandeep Johal, the question arose whether an LTD benefit that was not...
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by Ryan KirshenblattArguing Over Nothing: The Priority Dilemma
Seinfeld’s charm was that it was “a show about nothing.” Of course, anyone on “the priority circuit” knows that this concept is not limited to TV, and...
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by Neil Colville-ReevesGraul 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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by Neil Colville-ReevesWhat 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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by Dan InkpenCourts 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...
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by Rafeena BacchusCourt’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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by Ryan KirshenblattSNOW…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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by Neil Colville-ReevesWait – 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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by Jamie NaumisHow 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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by Neil Colville-ReevesHomeowners, 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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by Neil Colville-ReevesMitigation? 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...
Read More by Neil Colville-Reeves“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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