May 29, 2024
By Emily Vereshchak In Construction Distribution & Supply Company Inc. v. Continental Casualty Company (CNA Insurance), 2024 ONCA 405, the Court of Appeal analyzed the applicability of an exclusion clause in an insurance policy in relation to pollution liability. The appellant, Continental Casualty Company (“Continental”), appealed the decision of the application judge who determined that […]
May 22, 2024
By Erin Crochetière The Court of Appeal for Ontario recently considered the liability of landlords for dog bites occurring on premises they own, in the case of Walpole v. Crisol, 2024 ONCA 400. The appellants, the Walpole family, were visiting the home of the defendants, Tammy Brush and Larry Ostertag, when their six-year-old daughter was bitten […]
May 15, 2024
By Elizabeth Branopolski In the recent decision of the Ontario Superior Court of Justice, Hamilton-Dawkins v. Town of Ajax, 2024 ONSC 2152, the Court considered whether the Town of Ajax was able to rely on the statutory defences available under s. 44 of the Municipal Act to avoid liability. Background The plaintiff, Dorothy Hamilton-Dawkins, brought an […]
May 10, 2024
Thank you to the Ontario Insurance Adjusters Association Kawartha/Durham Chapter for inviting us to speak at their Spring Education Day. David Rogers, Jason Frost, Andrew Yolles, Meryl Rodrigues, and Antoinette Monardo presented at the seminar. It was great to see new and familiar faces!
May 08, 2024
By Antoinette Monardo In Rivard v. Kingston Police, 2023 ONSC 6627, the Divisional Court simultaneously grappled with a motion to strike out an amended statement of claim, and a cross-motion for leave to amend the amended claim. Context On September 7, 2018, the plaintiff (respondent on appeal) was involved in an altercation with Kingston Police […]
May 01, 2024
By Cameron Allan A recent decision from the Ontario Superior Court of Justice serves as a reminder for counsel to carefully consider the types of documents being provided to their expert witnesses for the preparation of expert reports. In Simmermon v. Djoudad et. al., 2024 ONSC 2388, a motion judge struck an expert report from […]
