August 30, 2019
At this morning’s muffin meeting, Micah Pirk-O’Connell discussed an interesting decision on whether an additional insured is entitled to appoint counsel of its own choosing at the insurer’s expense. In Markham (City) v. AIG Insurance Company of Canada, 2019 ONSC 4977, the plaintiff was struck by a hockey puck while watching a hockey game. The plaintiff […]
August 29, 2019
If a party makes a mistake in entering into a settlement agreement, it is difficult to set the settlement aside. In Kearns v. Canadian Tire Corporation Limited, 2019 ONSC 4946, a settlement was reached at a mediation in a wrongful dismissal claim. Following the mediation, the defendant realized that a payment had been mistakenly made to […]
August 28, 2019
The Court of Appeal’s decision in The Commonwell Mutual Insurance Group v. Campbell, 2019 ONCA 668, demonstrates that, if an insurer wants to dispute coverage, it must do so in a timely manner or at least notify its insured of a potential coverage issue. Campbell was involved in an accident while riding a dirt bike. He […]
August 27, 2019
In Hunt v. Peel Mutual Insurance Company, 2019 ONCA 656, the Court of Appeal upheld a decision which addressed whether an automobile insurer had to defend a father for negligent parenting. A daughter sued her father arising out of a motor vehicle accident. The daughter alleged that her father was negligent in permitting her to […]
August 26, 2019
Does a doctor owe a duty of care to a family member of a patient? That was one of several questions in the case of Wawrzyniak v. Livingstone, 2019 ONSC 4900. The plaintiff’s father was elderly and was suffering from several illnesses, including gangrene in his legs. Following knee amputation surgery, the plaintiff’s father went into […]
August 23, 2019
At our muffin meeting this morning, Matthew Umbrio discussed an interesting Small Claims Court decision in St. Lawrence Testing & Inspection Co. Ltd. v Lanark Leeds Distribution Ltd., 2019 CanLII 69697 (ON SCSM). The defendants brought a motion for judgment confirming that the terms of settlement had been satisfied. This was following an apparent “cybercrime”, […]
