Rule 2.1 and Catch-22 – Dismissing a Proceeding that is Frivolous or Vexatious on its Face 05 janvier 2016 Frank Caruso and Tony Antoniou Less than a year and a half since it came into force, a substantial body of case law has grown around Rule 2.1, providing some guidance as to the test and procedures applicable under the Rule. The Court of Appeal, with its recent decision in Scaduto v. Law Society of Upper Canada, has now explicitly endorsed this new body of law.
Welcome Fall! 14 septembre 2015 Brett Stephenson Welcome Fall! The OBA Insurance Law Executive is looking forward to another excellent year including a newsletter publication every two months along with several must attend CLE’s commencing on September 28, 2015.
Message From the Chair 27 avril 2015 Audrey Ramsay Time to celebrate! No, not just because spring is here but also to come honour our best and brightest, and the work the section has accomplished this year!
Message from the Editor 23 mars 2015 Brett Stephenson Spring is upon us! This month's OBA Insurance Law articles feature two excellent articles: “Risky Business – Unregulated Extreme Sports Are On The Rise, Along With Lawsuits” by Patrick Brown and “The Mindful Lawyer” by Catie Fenn. We are also pleased to publish Jason Hickman’s fantastic case comment on Iannarella v. Corbett....
Risky Business – Unregulated Extreme Sports Are On The Rise, Along With Lawsuits 23 mars 2015 Patrick Brown Extreme sports is a growing industry that is profiting from the human desire to experience the adrenaline rush associated with risk-laden activities. Whether it is racing down a ski hill on a mountain bike, falling from a white water raft, or climbing up a rock face, there is an increased appetite for such thrills. As the appetite grows, the number of private “pay to play” facilities looking to profit from the rush are on the rise — along with injuries and lawsuits.
Court of Appeal Upholds Dismissal of Occupier’s Liability Claim Where No Objective Evidence of Hazard 23 mars 2015 Andrew Ottaway In Nandlal v. Toronto Transit Commission, 2015 ONCA 166 the Plaintiff alleged that she fell on slippery and debris strewn steps at Kennedy subway station in Toronto. The TTC brought a motion for summary judgment.
The Mindful Lawyer 23 mars 2015 Catie Fenn There have been a myriad of articles published in the past few years that address stress and the havoc it can wreak in every area of our lives. We have heard it all: Stress can make you fat; Stress can kill you; Stress is worse for you than smoking; Stress can make you drink too much; Stress can make you depressed. While stress is an issue that affects everyone in our society, it is particularly pertinent to lawyers because the practice of law is inherently stressful and intense.
Case Comment: Iannarella v. Corbett 23 mars 2015 Jason Hickman On February 17, 2015, the Ontario Court of Appeal released its decision in Iannarella v. Corbett, 2015 ONCA 110. This case serves, among other things, as a reminder to defence counsel of the risks associated with not disclosing surveillance.
Message from the Chair 23 janvier 2015 Audrey Ramsay Section Chair Audrey Ramsay reports on the recent activities of the Insurance Law Section and outlines how you can become involved.
Pierringer Agreement: You May Not Get What You Had Bargained For 20 janvier 2015 Steven Canto One of the best tools in my litigator's toolbox is a Pierringer Agreement. A Pierringer Agreement, sometimes called a "proportionate share settlement agreement", is often used in multi-party litigation when one or more defendants (the "Settling Defendant") resolve their dispute with the Plaintiff(s).