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


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
John A. Olah

Q&A with John A. Olah, OBA Award of Excellence in Insurance Law Recipient

  • May 19, 2020

John A. Olah, Partner, Beard Winter LLP, is one of two legal leaders being honoured this year with the OBA Award of Excellence in Insurance Law for his outstanding leadership and contribution to the advancement of insurance law. Find out what inspires him and how he is making a major impact in his area of practice in this insightful interview.

Insurance Law, Student Forum
David F. Smye, Q.C.,

Q&A with David F. Smye, OBA Award of Excellence in Insurance Law Recipient

  • May 19, 2020

David F. Smye, Q.C., Mackesy Smye Lawyers, is one of two legal leaders being honoured this year with the OBA Award of Excellence in Insurance Law for his outstanding leadership and contribution to the advancement of insurance law. Gain a glimpse of what motivates him and how he is making a difference in his area of practice in this candid Q&A.

Insurance Law, Student Forum

Potential Insurance Coverage for Loss Caused by COVID-19

  • March 23, 2020
  • Hovsep Afarian, Aidan Cameron, Emmanuelle Poupart, and William G. Scott – McCarthy Tétrault LLP

Many businesses across a range of industries have suffered significant financial loss caused by COVID-19. This article explores potential insurance coverage to help offset the losses caused by COVID-19. Business interruption insurance and event cancellation insurance are specifically addressed, and practical tips are provided to help maximize potential insurance coverage.

Insurance Law, Student Forum

A Caution to Insurers on Defensible Programs

  • March 09, 2020
  • Christine M. Galea, Dolden Wallace Folick LLP,

Insurers should be aware of the recent costs decision in Przyk v. Hamilton Retirement Group Ltd. This case sets an adverse precedent to insurers that employ strict policies against paying out modest claims, categorized as defensible, prior to trial. Even if the insurer succeeds at trial on the merits, the court may award no costs to that insurer.

Insurance Law, Student Forum

Ethics, Civility and Professional Responsibility in the Courtroom, Mediation and Beyond - 2018

  • November 15, 2019
  • Ayushi Kiran, articling student, Crown Law Office - Civil

This article gives an overview of the CPD program conducted by the Insurance Law Section in 2018 which was well received and is returning on November 22, 2019. This program contains a total of 3 hours of Professionalism content and it qualifies for LAWPRO Risk Management Credit.

Insurance Law, Student Forum