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
Message from the Editor

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....

Droit des assurances
Risky Business – Unregulated Extreme Sports Are On The Rise, Along With Lawsuits

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.

Droit des assurances
The Mindful Lawyer

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.

Droit des assurances
Case Comment: <em>Iannarella v. Corbett</em>

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.

Droit des assurances
Message from the Chair

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.

Droit des assurances
Pierringer Agreement: You May Not Get What You Had Bargained For

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).

Droit des assurances
Current Landscape of Non-Earner Benefits

Current Landscape of Non-Earner Benefits

  • 20 janvier 2015
  • Michelle Mainprize

The Court of Appeal decision of Galdamez v. Allstate Insurance Company of Canada changed the landscape of weekly benefits claims.

Droit des assurances
<em>Bhasin v Hrynew</em>, 2014 SCC 711 – The Death Knell to Scumbaggery

Bhasin v Hrynew, 2014 SCC 711 – The Death Knell to Scumbaggery

  • 20 janvier 2015
  • Ilia Valitsky

In the Bhasin v Hrynew decision, the Supreme Court recognizes that there is a duty to perform one’s obligations honestly, and not lie or otherwise mislead, under the general principle of good faith performance of contracts. The duty is not an implied term of contract law, but an imposed minimum standard, irrespective of parties’ intentions, one that the parties are not free to exclude, but may modify.

Droit des assurances
The Right to Rescind

The Right to Rescind

  • 20 janvier 2015
  • Mary Margaret Fox and Paul Emerson

In 2008, the Ontario government amended the Mortgage Brokerages Lenders and Administrators Act, 2006, to require all licensed mortgage brokerages in Ontario to obtain E&O liability insurance.

Droit des assurances