November 28, 2024
In a recent decision of the Ontario Court of Appeal, Thunder Bay (City) v. Great American Insurance Company, 2024 ONCA 837, the Court of Appeal considered the circumstances in which an exclusion clause may not remove an insurer’s duty to defend. Background Various legal proceedings were pursued against the City of Thunder Bay (the “City”) […]
November 20, 2024
By Michael Kryworuk On November 11, 2024, Justice Jane Dietrich of the Ontario Superior Court of Justice in Toronto released her decision in M.P. v. Ontario Power Generation Inc., 2024 ONSC 6295. This decision concerned a motion brought by the defendant, Ontario Power Generation Inc. (“OPG”), to strike a number of causes of action from […]
November 19, 2024
By Kathryn Orydzuk The case of Aviva Insurance Company v. Echelon Insurance, 2024 ONSC 5921, arises out of a motor vehicle accident that involved a motorcycle insured by Echelon under a policy issued in Ontario and a Chevy Silverado insured by Aviva under a policy issued in Alberta. The accident occurred in Alberta. The driver […]
November 15, 2024
At our weekly meeting, Sarah Sevier discussed the recent decision of the Ontario Court of Appeal (“ONCA”) in Passmore v. Hamilton (City), 2024 ONCA 825. The ONCA granted the appeal, overturning a summary judgment motion, and remitted the matter back to the Superior Court of Justice for trial. The case centers on the motion judge’s […]
November 13, 2024
By Megan Chan In the recent Ontario Superior Court decision Logan v. Stryker Canada Corp., 2024 ONSC 6171, the court addressed a motion for an order under Rule 32 of the Rules of Civil Procedure. Facts A medical device, manufactured by one of the defendants, Stryker Canada Corp., was used in an emergency procedure to […]
November 08, 2024
At our weekly meeting, Jaaron Pullenayegem discussed the recent decision in Harrigin v. Clarke, 2024 ONSC 6130. This decision addressed a plaintiff’s motion to extend the deadline to serve a statement of claim on the defendant Clarke, stemming from a 2019 motor vehicle accident. The statement of claim was issued in November 2021, giving the […]
