Articles

About Articles The following articles are published by the Insurance Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: Sudevi Mukherjee‐Gothi and Tracey Hamilton

Today
Today

One Year Later: Looking Back at Louis v Poitras

  • March 01, 2022
  • Stephanie De Sousa and Leigh Clark

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.

Insurance Law, Student Forum

Conducting Virtual Examinations

  • February 04, 2022
  • Katherine Di Tomaso

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.

Insurance Law, Student Forum

“Physical Damage” Means “Physical Damage”: Who knew?

  • January 05, 2022
  • Dennis Ong

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.

Insurance Law, Student Forum

Who Pays for the Productions?

  • November 03, 2021
  • Sudevi Mukherjee-Gothi

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.

Insurance Law, Student Forum

OBA Joins Global Efforts to Address Mediator and Arbitrator Diversity – Share Your Views Via Online Survey

  • April 15, 2021

The Ontario Bar Association’s Neutral Diversity Committee has crafted a survey to collect information about OBA member experiences and views in relation to mediator and arbitrator diversity. OBA members engaged in litigation, mediation and arbitration are invited to share their views.

Alternative Dispute Resolution, Civil Litigation, Family Law and 3 more..., Insurance Law, Labour and Employment Law, Trusts and Estates Law

Auto Accident Mediations: Tips Sheet

  • October 13, 2020
  • Joseph Sullivan

The significant lengthening of civil proceedings has naturally led to an extraordinary increase in legal costs associated with these cases. Our law respecting Offers to Settle is designed to make the loser pay the winner’s legal fees. This creates significant risk in almost every personal injury case. Because of the increased expense of trials, settlement at private mediation must almost always be considered.

Alternative Dispute Resolution, Insurance Law, Student Forum and 1 more..., Young Lawyers' Division
Liability and Autonomous Cars

Liability and Autonomous Cars

  • September 16, 2020
  • Caroline Szczuka

While self-driving cars are an exciting advancement from a technological viewpoint, they raise questions around claim eligibility in the event of a car accident. There should also be clarity around who is accountable for vehicle failure, whether insurance companies can access the vehicle’s on-board technology to determine liability, and how costs will be shared in the event that software failure and human error both contributed to the crash.

Insurance Law, Student Forum, Information Technology and Intellectual Property Law and 1 more..., Young Lawyers' Division

The Importance of Cyber Insurance for Law Firms

  • May 22, 2020
  • Christopher Masaki, MBA, development underwriter at Boxx Insurance Inc.

It’s not a matter of if, but when. Technology continues to develop in ways that are both amazing and alarming and allow us to connect in ways we would have previously considered unimaginable. With increased technological advancement and reliance, however, comes increased opportunities for hackers to exploit vulnerabilities and access hoards of sensitive personal and corporate data, which means increased cyber risks for more and more organizations.

Sole, Small Firm and General Practice, Insurance Law, Student Forum