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Michael A. Valdez, Stieber Berlach LLP | December 12, 2023
In Pridmore v. Drenth 2023 ONCA 606, the Ontario Court of Appeal illuminates the complex issue of whether the mistaken belief that a highway is a road will operate to vitiate third-party insurance coverage. The Court of Appeal provides insight into when courts will allow relief from forfeiture.
Learn moreMichael A. Valdez, Stieber Berlach LLP | August 14, 2023
The decision of the Ontario Court of Appeal in Ontario (Government and Consumer Services) v. Gore Mutual Insurance Company stresses that there is no room for a causation analysis when interpreting the priority rules in s.268(2) of the Insurance Act. These priority rules are used to determine who is liable to pay statutory accident benefits after an automobile accident.
Learn moreGrace Murdoch | April 27, 2023
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."
Learn moreSPECT Scans: Ontario Courts Grapple with a “Novel” Evidentiary Tool
Grace Murdoch | February 10, 2023
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.
Learn moreLujza Csyani | January 30, 2023
The Ontario Court of Appeal in Intact Insurance Company v Zurich Insurance Company Ltd. considered whether Intact Insurance could recoup money it paid beyond its policy limits from parties other than its own insured, by direct action, for the clean up of a chemical spill.
Learn moreOur Access to Justice Crisis Needs Solutions: Could Med-Arb Be An Answer?
Ryan A. Murray | November 25, 2022
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.
Learn moreThomas Russell | September 29, 2022
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.
Learn moreOBA Award for Excellence in Insurance Law 2020 Winner Profile: John A. Olah
Dennis Ong | September 23, 2022
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.
Learn moreOBA Award for Excellence in Insurance Law 2020 Winner Profile: David F. Smye, Q.C.
Katie Di Tomaso | September 23, 2022
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.
Learn moreOBA Award for Excellence in Insurance Law 2021 Winner Profile: Todd J. McCarthy
Dennis Ong | September 23, 2022
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.
Learn moreOBA Award for Excellence in Insurance Law 2022 Winner Profile: Keith Smockum
Bronwyn Martin | September 23, 2022
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.
Learn moreOBA Award for Excellence in Insurance Law 2022 Winner Profile: Jim Vigmond
Bronwyn Martin | September 23, 2022
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.
Learn moreOBA Award for Excellence in Insurance Law Winner 2021 Profile: Richard H. Shekter
Katie Di Tomaso and Richard Shekter | September 23, 2022
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.
Learn moreONSC Provides Commentary on Standard of Care for Anatomic Pathologists in Cases of Delayed Diagnosis
Michael Valdez | August 22, 2022
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.
Learn moreExpert Reports and Pre-Trial Conferences
Laura Dowsley | August 12, 2022
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.
Learn moreDuring 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.
Learn moreA Balanced Approach: Kumarasamy v. Western Life, 2021 ONCA 849
Tracey L. Hamilton | May 13, 2022
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.
Learn moreInsurer Cannot Rely on Total Pollution Exclusion to Refuse Duty to Defend in Negligence Claim
In Hemlow Estate v. Co-operators General Insurance Co, 2021 ONCA 908, the Ontario Court of Appeal held that the insurer had a duty to defend a claim relating to the negligence of the insured, which resulted in the insured’s own death and property damage at the location where he was working. The court affirmed that the Pollution Exclusion did not apply, as the claim was based in negligence and breach of contract, and not from the escape of a pollutant.
Learn moreOBA Insurance Law Section – Spotlight Interview with Sandra LeBrun
March 24, 2022
In an interview with Insurance Law Section member-at large Harold Geller, Sandra LeBrun, in-house counsel at Aviva Trial Lawyers (Ottawa Office), talks about her career path, her involvement in the insurance bar and broader legal community, her most memorable court appearance, her advice for junior lawyers, and more.
Learn moreOne Year Later: Looking Back at Louis v Poitras
Stephanie De Sousa and Leigh Clark | March 01, 2022
As we enter 2022, some parties have had their trials adjourned multiple times due to the changing COVID-19 situation, and judges continue to be faced with the decision of how best to deliver just and fair adjudication of civil matters. One year after Poitras was decided we are taking a look back at this important decision and some of the motions that have been decided since.
Learn moreConducting Virtual Examinations
Katherine Di Tomaso | February 04, 2022
The progress made over the pandemic to use technology to make the civil legal system more efficient, affordable, and accessible shall hopefully continue. This article will set out benefits and drawbacks of virtual examinations for discovery, draw the reader’s attention to four decisions dealing with virtual examinations, provide key takeaways from these decisions, and share resources to assist in conducting a virtual examination.
Learn more“Physical Damage” Means “Physical Damage”: Who knew?
The release of MDS Inc. v. Factory Mutual Insurance Company from the Ontario Court of Appeal, rounded out 2021 with another major insurance-related appellate decision primarily authored by Justice Julie Thorburn (also responsible for crafting the written reasons in the seminal multi-insurer coverage decision, Markham (City) v. AIG released in mid-2020). This article summarizes why the MDS v. Factory Mutual decision is important for any insurance-related and contractual interpretation dispute.
Learn moreSudevi Mukherjee-Gothi | November 03, 2021
Who should be responsible for paying for productions prior to examinations for discovery in personal injury matters? It is my position that the onus of proof remains with the Plaintiff and that, therefore, they should be producing documentation to substantiate the claims advanced in the Statement of Claim. Why should the Defendant pay for productions to assist the Plaintiff’s claim? In the decision of Rheaume v. Foster, we received some more clarity on this issue.
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