Articles 2023

Today
Today

Get to know your OBA Insurance Law Section Executive

  • December 11, 2023
  • Zack Garcia

A profile to get to know the OBA Insurance Law Executive. This focus is on Zack Garcia, Senior Claims Officer and Counsel Financial & Professional Services (FPS) at Liberty Mutual Canada.

Insurance Law, Student Forum

COVID-19 Fails to Constitute “Direct Physical Loss or Damage” at Court of Appeal

  • November 30, 2023
  • Thomas Russell

As the world struggles to recover from the effects of the COVID-19 pandemic, one question that has been gaining some attention in the world of insurance is: in what circumstances did COVID-19 trigger coverage for business interruption under property policies? A Review of the 2023 Ontario Court of Appeal Decision in SIR Corp. v. Aviva Insurance Company of Canada.

Insurance Law, Student Forum

Ethical Requirements and Practical Tips for Litigating with Self-Represented Parties

  • November 14, 2023
  • Katherine T. Di Tomaso

Representing a client in litigation where there is a self-represented party can be challenging for lawyers. Generally, the self-represented party does not have the awareness or understanding of substantive and procedural law that a lawyer has, which can lead to protracted proceedings and additional legal fees spent.

Insurance Law, Student Forum

What is a Compensable Mental Injury?

  • October 05, 2023
  • Sudevi Mukherjee-Gothi

What are the factors required to demonstrate a compensable mental injury? Evidence from friends and family will be accepted, and there is no necessity of a medical expert. However, the Plaintiff must show that they have sustained “a serious and prolonged disruption that transcended ordinary emotional upset or distress."

Insurance Law, Student Forum

Now is the Winter of Our Discontent: ONCA Settles How Long Winter Contractors Should Take to Apply Salt, Reiterates Duty of Care Separate from Contractual Duties

  • October 05, 2023
  • Michael A. Valdez, Stieber Berlach LLP

In the recent decision of Musa v. Carleton Condominium Corporation No. 255, the Ontario Court of Appeal offers clear guidance as to how long a winter maintenance contractor can wait before it must apply salt to an area, a problem which has long plagued both plaintiff and defence lawyers alike.

Insurance Law, Student Forum

Falling off the Priority Ladder: ONCA Denies Attempt to Import Causation Requirement into s. 268(2) of the Insurance Act, and Clarifies the Difference Between “Incident” and “Accident”

  • August 14, 2023
  • Michael A. Valdez, Stieber Berlach LLP

The decision of the Ontario Court of Appeal in Ontario (Government and Consumer Services) v. Gore Mutual Insurance Company stresses that there is no room for a causation analysis when interpreting the priority rules in s.268(2) of the Insurance Act. These priority rules are used to determine who is liable to pay statutory accident benefits after an automobile accident.

Insurance Law, Student Forum