Articles

About Articles The following articles are published by the Insurance Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: Sudevi Mukherjee‐Gothi and Tracey Hamilton

Today
Today

OBA Award for Excellence in Insurance Law 2022 Winner Profile: Keith Smockum

  • September 23, 2022
  • Bronwyn Martin

Keith Smockum has practiced exclusively in the area of insurance law since he was called to the bar in 1986. He began his career at Lawson McGrenere LLP, where he became partner, followed by managing partner in 1991. He started his current firm, Smockum Zarnett LLP, in 2008. Over the course of his career, Keith has earned a reputation as one of the best insurance litigators in this province.

Insurance Law, Student Forum

OBA Award for Excellence in Insurance Law 2022 Winner Profile: Jim Vigmond

  • September 23, 2022
  • Bronwyn Martin

Jim Vigmond has been practicing personal injury litigation on behalf of plaintiffs for over 30 years. He is former president of the Ontario Trial Lawyers Association and the Simcoe County Law Association. Jim continues to be a leading figure of Ontario’s personal injury trial bar. At Oatley, Vigmond, Jim leads a team of lawyers and support staff with broad expertise in spinal cord, brain injury and serious orthopedic cases.

Insurance Law, Student Forum

ONSC Provides Commentary on Standard of Care for Anatomic Pathologists in Cases of Delayed Diagnosis

  • August 22, 2022
  • Michael Valdez

The Ontario Superior Court of Justice’s April 2022 decision in The Estate of Mary Fleury et al v. Olayiwola A. Kassim is a noteworthy one. Not only does it provide a modern case study of the application of the common law principles surrounding delayed diagnosis, but it also provides new guidance regarding the standard of care, specifically, the standard of care for anatomic pathologists.

Insurance Law, Student Forum

Expert Reports and Pre-Trial Conferences

  • August 12, 2022
  • Laura Dowsley

Earlier this year, the Civil Rules Committee amended Rule 53.08(1) of the Rules of Civil Procedure, which had previously provided for flexibility for counsel in producing expert reports at pre-trial conferences. The flexibility built into the old Rule was creating limitations for the effectiveness of pre-trial conferences and often resulted in adjournments of fixed trial dates. The amendment to the Rule aims to strengthen the value of the pre-trial conference.

Insurance Law, Student Forum

When Cryptocurrencies and Insurance Policies Collide: The D&O Securities Exclusion in the Blockchain Age

  • June 30, 2022
  • Nabil Mahmood

During the fall of 2020, when Ontarians were hunkering down for the second COVID-19 pandemic wave, the Ontario Superior Court of Justice released its decision in Kik Interactive Inc. v. AIG Insurance Company of Canada . The Court was tasked with interpreting whether the respondent insurer’s securities exclusion worked to preclude coverage for cryptocurrency sales to the public.

Insurance Law, Student Forum

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

  • May 13, 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.

Insurance Law, Student Forum

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

  • April 06, 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.

Insurance Law, Student Forum

OBA Insurance Law Section – Spotlight Interview with Sandra LeBrun

  • March 24, 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.

Insurance Law, Student Forum

One Year Later: Looking Back at Louis v Poitras

  • March 01, 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.

Insurance Law, Student Forum