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


Martin v AGO et al.: The Standard of Care Required of an Occupier is not One of Perfection

  • 20 mars 2023
  • Lujza Csanyi

In Martin v AGO et al. , the Ontario Superior Court reiterated that the standard of care required of an occupier under Section 3(1) of the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 (the “Act”) is one of reasonableness and not perfection. Although the standard of care is fact-specific, occupiers are not responsible for eliminating every conceivable form of danger on the premises.

Droit des assurances, Student Forum

Vitriol or Value? ONCA Provides Direction on Anti-SLAPP Analysis

  • 17 mars 2023
  • Landan Peleikis

In Thorman v. McGraw, the Ontario Court of Appeal clarified section 137.1(4)(b) of the Courts of Justice Act and further narrowed the class of public expression deemed worthy of protection under Ontario’s anti-SLAPP legislation.

Droit des assurances, Student Forum

SPECT Scans: Ontario Courts Grapple with a “Novel” Evidentiary Tool

  • 10 février 2023
  • Grace Murdoch

In recent years, single-photon emission computerized tomography scans (otherwise known as “SPECT” scans) have been the subject of debate in Ontario’s court rooms when evaluating brain injury claims. Whether the conclusions resulting from such scans can be admitted into evidence and for what purpose are increasingly becoming important questions in personal injury law.

Droit des assurances, Student Forum

Our Access to Justice Crisis Needs Solutions: Could Med-Arb Be An Answer?

  • 25 novembre 2022
  • Ryan A. Murray

The Ontario civil justice system faces an unprecedented crisis. Our constitution mandates that criminal cases must be addressed within a particular timeframe. Family cases, which often feature child access and other time-sensitive issues, tend to have the next level of priority. This leaves civil lawsuits, including many personal injury lawsuits, to linger for years without resolution.

Droit des assurances, Student Forum

The Ontario Court of Appeal Considers Insurance Policy Interpretation in Early COVID-19 Coverage Claim

  • 29 septembre 2022
  • Thomas Russell

The COVID-19 pandemic has left a scar upon numerous sectors in Canada, leaving many businesses reliant on their insurance coverage plans for the resulting business losses. 202135 Ontario Inc., et al v. Northbridge General Insurance, 2022 ONCA 304 appears to be the first COVID-relating coverage case to come before the Ontario Court of Appeal. In this case, the court considered how to interpret a limit of liability clause, ultimately finding in favor of the insured.

Droit des assurances, Student Forum