Articles 2023

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Today

From Settlement to Stay: The Ontario Court of Appeal Affirms the Importance of Prompt Disclosure of Settlement Information to Related Parties

  • April 27, 2023
  • Grace Murdoch

In its recent decision, Skymark Finance Corporation v Ontario, 2023 ONCA 234 , the Ontario Court of Appeal took the opportunity to comment on the importance of immediate disclosure of settlement minutes to other parties in an action and to clarify the meaning of the phrase “to change the entirety of the litigation landscape."

Insurance Law, Student Forum

Martin v AGO et al.: The Standard of Care Required of an Occupier is not One of Perfection

  • March 20, 2023
  • Lujza Csanyi

In Martin v AGO et al. , the Ontario Superior Court reiterated that the standard of care required of an occupier under Section 3(1) of the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 (the “Act”) is one of reasonableness and not perfection. Although the standard of care is fact-specific, occupiers are not responsible for eliminating every conceivable form of danger on the premises.

Insurance Law, Student Forum

Vitriol or Value? ONCA Provides Direction on Anti-SLAPP Analysis

  • March 17, 2023
  • Landan Peleikis

In Thorman v. McGraw, the Ontario Court of Appeal clarified section 137.1(4)(b) of the Courts of Justice Act and further narrowed the class of public expression deemed worthy of protection under Ontario’s anti-SLAPP legislation.

Insurance Law, Student Forum

SPECT Scans: Ontario Courts Grapple with a “Novel” Evidentiary Tool

  • February 10, 2023
  • Grace Murdoch

In recent years, single-photon emission computerized tomography scans (otherwise known as “SPECT” scans) have been the subject of debate in Ontario’s court rooms when evaluating brain injury claims. Whether the conclusions resulting from such scans can be admitted into evidence and for what purpose are increasingly becoming important questions in personal injury law.

Insurance Law, Student Forum

Our Access to Justice Crisis Needs Solutions: Could Med-Arb Be An Answer?

  • November 25, 2022
  • Ryan A. Murray

The Ontario civil justice system faces an unprecedented crisis. Our constitution mandates that criminal cases must be addressed within a particular timeframe. Family cases, which often feature child access and other time-sensitive issues, tend to have the next level of priority. This leaves civil lawsuits, including many personal injury lawsuits, to linger for years without resolution.

Insurance Law, Student Forum