Articles

About ArticlesLes articles ci-dessous sont publiés par la Section du droit des assurances de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteurs : Matthew Gardner and Annette Casullo

Aujourdʼhui
Aujourdʼhui

OBA Award for Excellence in Insurance Law 2020 Winner Profile: John A. Olah

  • 23 septembre 2022
  • Dennis Ong

John A. Olah was called to the bar in 1975 and since then has litigated complex tort litigation matters, ranging from product liability cases to high-profile sporting matters. John is a recognized national and international expert, acting for resorts and hotels across Canada, the Caribbean and Mexico. John’s practice includes private international law cases, complex environmental law litigation as well as class action matters.

Droit des assurances, Student Forum
Photo of David Smye

OBA Award for Excellence in Insurance Law 2020 Winner Profile: David F. Smye, Q.C.

  • 23 septembre 2022
  • Katie Di Tomaso

David F. Smye, Q.C. was called to the bar in 1972 after accelerating quickly through post-secondary education studying Economics and Political Science and obtaining a degree in Law in only five years. David’s pace remained swift while his legal career made a steep ascent to partner only one year after being called to the bar. David was a founding partner of Mackesy Smye in 1973 where he has continued to practice and lead the firm for nearly 50 years.

Droit des assurances, Student Forum
Photo of Richard Shekter

OBA Award for Excellence in Insurance Law Winner 2021 Profile: Richard H. Shekter

  • 23 septembre 2022
  • Katie Di Tomaso and Richard Shekter

Richard Shekter graduated from Osgoode Hall Law School in 1973 as a Bronze Medallist. Following completion of his term of articles with Eddie Greenspan, Michael Moldaver and Alan Gold, he obtained an LL.M. from the University of California at Berkeley, summa cum laude, on a Laidlaw Foundation Scholarship, before being called to the bar in 1976. Richard served one year as law clerk to the Chief Justice of Ontario before entering private practice in 1977.

Droit des assurances, Student Forum
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OBA Award for Excellence in Insurance Law 2021 Winner Profile: Todd J. McCarthy

  • 23 septembre 2022
  • Dennis Ong

Todd J. McCarthy was called to the bar in 1989 and since that time he has continually dedicated himself to advocacy, primarily as defence counsel. Todd is an intrepid and passionate advocate. The complete body of his contribution to the development of the common law is impressive in terms of substantive complexity, breadth, volume and scope.

Droit des assurances, Student Forum
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OBA Award for Excellence in Insurance Law 2022 Winner Profile: Keith Smockum

  • 23 septembre 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.

Droit des assurances, Student Forum
Photo of Jim Vigmond

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

  • 23 septembre 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.

Droit des assurances, Student Forum

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

  • 22 août 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.

Droit des assurances, Student Forum

Expert Reports and Pre-Trial Conferences

  • 12 août 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.

Droit des assurances, Student Forum

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

  • 30 juin 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.

Droit des assurances, Student Forum

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