Articles 2023


A Balanced Approach: Kumarasamy v. Western Life, 2021 ONCA 849

  • 13 mai 2022
  • Tracey L. Hamilton

The Court of Appeal in Kumarasamy held that there does not need to be a “clear and unequivocal” denial of a claim for the limitations clock to start. This article provides a high-level overview and summary of the court’s balanced approach in determining how the limitations period is triggered in the context of a claimant’s application for LTD benefits.

Droit des assurances, Student Forum

Insurer Cannot Rely on Total Pollution Exclusion to Refuse Duty to Defend in Negligence Claim

  • 06 avril 2022
  • Beryl Meng

In Hemlow Estate v. Co-operators General Insurance Co, 2021 ONCA 908, the Ontario Court of Appeal held that the insurer had a duty to defend a claim relating to the negligence of the insured, which resulted in the insured’s own death and property damage at the location where he was working. The court affirmed that the Pollution Exclusion did not apply, as the claim was based in negligence and breach of contract, and not from the escape of a pollutant.

Droit des assurances, Student Forum

OBA Insurance Law Section – Spotlight Interview with Sandra LeBrun

  • 24 mars 2022

In an interview with Insurance Law Section member-at large Harold Geller, Sandra LeBrun, in-house counsel at Aviva Trial Lawyers (Ottawa Office), talks about her career path, her involvement in the insurance bar and broader legal community, her most memorable court appearance, her advice for junior lawyers, and more.

Droit des assurances, Student Forum

One Year Later: Looking Back at Louis v Poitras

  • 01 mars 2022
  • Stephanie De Sousa and Leigh Clark

As we enter 2022, some parties have had their trials adjourned multiple times due to the changing COVID-19 situation, and judges continue to be faced with the decision of how best to deliver just and fair adjudication of civil matters. One year after Poitras was decided we are taking a look back at this important decision and some of the motions that have been decided since.

Droit des assurances, Student Forum

Conducting Virtual Examinations

  • 04 février 2022
  • Katherine Di Tomaso

The progress made over the pandemic to use technology to make the civil legal system more efficient, affordable, and accessible shall hopefully continue.  This article will set out benefits and drawbacks of virtual examinations for discovery, draw the reader’s attention to four decisions dealing with virtual examinations, provide key takeaways from these decisions, and share resources to assist in conducting a virtual examination.

Droit des assurances, Student Forum

“Physical Damage” Means “Physical Damage”: Who knew?

  • 05 janvier 2022
  • Dennis Ong

The release of MDS Inc. v. Factory Mutual Insurance Company from the Ontario Court of Appeal, rounded out 2021 with another major insurance-related appellate decision primarily authored by Justice Julie Thorburn (also responsible for crafting the written reasons in the seminal multi-insurer coverage decision, Markham (City) v. AIG released in mid-2020). This article summarizes why the MDS v. Factory Mutual decision is important for any insurance-related and contractual interpretation dispute.

Droit des assurances, Student Forum

Who Pays for the Productions?

  • 03 novembre 2021
  • Sudevi Mukherjee-Gothi

Who should be responsible for paying for productions prior to examinations for discovery in personal injury matters? It is my position that the onus of proof remains with the Plaintiff and that, therefore, they should be producing documentation to substantiate the claims advanced in the Statement of Claim. Why should the Defendant pay for productions to assist the Plaintiff’s claim? In the decision of Rheaume v. Foster, we received some more clarity on this issue.

Droit des assurances, Student Forum

OBA Joins Global Efforts to Address Mediator and Arbitrator Diversity – Share Your Views Via Online Survey

  • 15 avril 2021

The Ontario Bar Association’s Neutral Diversity Committee has crafted a survey to collect information about OBA member experiences and views in relation to mediator and arbitrator diversity. OBA members engaged in litigation, mediation and arbitration are invited to share their views.

Mécanismes extrajudiciaires de règlement des conflits, Litige civil, Droit de la famille et 3 en plus, Droit des assurances, Droit du travail et de l’emploi, Droit des fiducies et des successions