Articles

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.

Is the removal of a luminaire from the subject location a breach of the duty of care resulting in negligence?

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.

Get to know about members of your OBA Insurance Law Executive. This spotlight highlights Bronwyn Martin.

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.

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."

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.

A Review of the 2023 Ontario Court of Appeal Decision in Burnham v Co-operators General Insurance Company.

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."

On March 3 and 4, 2023, a massive endeavor was undertaken to run the first exclusive Tort Appellate Moot of its kind in the province of Ontario.