Articles 2022

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Today

Occupier’s Liability Act Not Going to the Dogs Just Yet

  • January 09, 2018
  • Melissa Miles

The Divisional Court in Seipt v. Irvine, claim No: (4)25121539, heard an appeal regarding a personal injury case going back to the summer of 2007. The defendants held a backyard birthday party and invited the 57 year old plaintiff. The defendants had two dogs, one being Tazzie, a pitbull. The plaintiff was aware that the defendants had these dogs. It was accepted during the trial that the plaintiff had a fear of dogs. She nonetheless attended the party...

Insurance Law

Impeachment Process: Plaintiff rear-ends car in front, sues and loses

  • January 09, 2018
  • Jordan Black

In Chernet v. RBC General Insurance Company, the Ontario Court of Appeal upheld the motion judge’s decision to dismiss a Plaintiff’s case by way of summary judgment. The Plaintiff’s allegations in the case seemed at odds, from the start, with the generally accepted rules about rear-end accidents.

Insurance Law

Insurance Policy Covers Defence Costs Incurred for Directors and Officers in Security Regulators’ Investigation

  • October 27, 2017
  • Nina Bombier, with the assistance of Graham Henry (Student-at-Law)

As regulatory investigations and litigation against corporate directors and officers become increasingly complex and extensive, insurance policies covering defence costs are all the more important. But how far does this coverage stretch? The recent decision of Liberty Silver v Liberty Insurance demonstrates the significant value these policies can provide in covering an early and proactive legal defence.

Insurance Law, Student Forum

OBA Excellence in Insurance Law Award Acceptance Speech

  • October 23, 2017
  • Don Rogers Q.C.

On June 21, 2017 the OBA Award of Excellence in Insurance Law was proudly presented to Donald H. Rogers of Rogers Partners LPP at the Toronto Eaton Centre Marriott celebrating Donald’s contributions to the profession. This is the transcript of his acceptance speech.

Insurance Law, Student Forum
The Low-Down on PIPEDA Requests in Personal Injury Cases

The Low-Down on PIPEDA Requests in Personal Injury Cases

  • May 11, 2017
  • R. Lee Akazaki

Seemingly out of nowhere, institutional litigants, insurers and the third-party vendors they retain to support their obligations in responding to claims have been inundated with requests for disclosure on pain of complaints or actions to collect damages under PIPEDA. In some instances, parties directly approach non-parties such as medical experts and private investigation companies and demand production of documents separately from any disclosure procedures in the claims or law suits.

Insurance Law
Deducting Sick Days in Personal Injury Claims

Deducting Sick Days in Personal Injury Claims

  • January 30, 2017
  • Christopher Martyr

The deductibility of the value of sick days is a question that many lawyers have to confront in various personal injury matters. While some counsel believe sick days are deductible, others believe that it depends on the type of loss. This article discusses the varied arguments and law surrounding the deductibility of sick days.

Insurance Law
Ethics and Civility in the Courtroom and Beyond

Ethics and Civility in the Courtroom and Beyond

  • January 30, 2017
  • Jessa Marie Conmigo and Silvio Vallati

This article discusses the OBA's CPD program on Ethics and Civility featuring speakers Joseph Groia, W.A. Derry Millar, Justice Michael Tulloch, Prof. Constance Backhouse, Prof. David Lepofsky, William S. Chalmer, Alfred Kwinter, and Ian Hu. The speakers tackled contentious issues on civility and professionalism facing litigators.

Insurance Law