March 25, 2020
By Emily Vereshchak As lawyers, we are accustomed to adapting to change. Whether it is a new take on an old common law principle or the introduction of a divisive piece of legislation, lawyers must keep pace with the law as it transforms alongside society. However, these changes are often gradual, even predictable, and often […]
March 24, 2020
Our associates and students have worked hard on contributing to our Spring 2020 Newsletter while working remotely during the COVID-19 pandemic. We hope you find the following articles to be of interest: 1. The Third Time is a Charm; or is it? 2. Relevancy of Reserves: Kanani v. Economical Insurance 3. Rights and Remedies Between Primary and Excess Insurers […]
March 23, 2020
By Micah Pirk O’Connell, Student-at-Law In Faltas v. Macerollo, 2020 ONSC 1450, the defendants brought a summary judgment motion to dismiss the claims of the plaintiff, Mr. Faltas, and Royal Arts Pharmaceutical Inc., the company he worked for. Facts Mr. Faltas’ Lincoln was stopped in the outside lane of a four lane road when it […]
March 21, 2020
The Ontario Bar Association has advised that the Province of Ontario has suspended limitation periods, retroactive to March 16, 2020. The suspension will stay in place for the duration of the Province’s state of emergency declaration. Other timelines are also suspended, but this is subject to the discretion of the court, tribunal, or other decision-maker […]
March 20, 2020
Trial judges are required to provide reasons that inform the parties, the appellate court, and the public of the result of the case and how the judge reached his or her conclusion. In an appeal, it is difficult to successfully argue that a judge provided inadequate reasons. For example, in Gendron v. Doug C. Thompson […]
March 18, 2020
By Colleen Mackeigan The Court of Appeal’s decision in 2099082 Ontario Limited v. Varcon Construction Company, 2020 ONCA 202, shows that summary judgment can be granted in cases involving complex factual and contractual issues and disputed expert evidence. The decision serves as an excellent example of what the Supreme Court of Canada had in mind […]
