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


Get to know your OBA Insurance Law Section Executive

  • 11 décembre 2023
  • Zack Garcia

A profile to get to know the OBA Insurance Law Executive. This focus is on Zack Garcia, Senior Claims Officer and Counsel Financial & Professional Services (FPS) at Liberty Mutual Canada.

Droit des assurances, Student Forum

COVID-19 Fails to Constitute “Direct Physical Loss or Damage” at Court of Appeal

  • 30 novembre 2023
  • Thomas Russell

As the world struggles to recover from the effects of the COVID-19 pandemic, one question that has been gaining some attention in the world of insurance is: in what circumstances did COVID-19 trigger coverage for business interruption under property policies? A Review of the 2023 Ontario Court of Appeal Decision in SIR Corp. v. Aviva Insurance Company of Canada.

Droit des assurances, Student Forum

Ethical Requirements and Practical Tips for Litigating with Self-Represented Parties

  • 14 novembre 2023
  • Katherine T. Di Tomaso

Representing a client in litigation where there is a self-represented party can be challenging for lawyers. Generally, the self-represented party does not have the awareness or understanding of substantive and procedural law that a lawyer has, which can lead to protracted proceedings and additional legal fees spent.

Droit des assurances, Student Forum

What is a Compensable Mental Injury?

  • 05 octobre 2023
  • Sudevi Mukherjee-Gothi

What are the factors required to demonstrate a compensable mental injury? Evidence from friends and family will be accepted, and there is no necessity of a medical expert. However, the Plaintiff must show that they have sustained “a serious and prolonged disruption that transcended ordinary emotional upset or distress."

Droit des assurances, Student Forum

Now is the Winter of Our Discontent: ONCA Settles How Long Winter Contractors Should Take to Apply Salt, Reiterates Duty of Care Separate from Contractual Duties

  • 05 octobre 2023
  • Michael A. Valdez, Stieber Berlach LLP

In the recent decision of Musa v. Carleton Condominium Corporation No. 255, the Ontario Court of Appeal offers clear guidance as to how long a winter maintenance contractor can wait before it must apply salt to an area, a problem which has long plagued both plaintiff and defence lawyers alike.

Droit des assurances, Student Forum

From Settlement to Stay: The Ontario Court of Appeal Affirms the Importance of Prompt Disclosure of Settlement Information to Related Parties

  • 27 avril 2023
  • Grace Murdoch

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."

Droit des assurances, Student Forum