July 21, 2022
By J. Nicholas Fernandes Overview The Occupiers’ Liability Act places a positive duty on occupiers to take such care as is reasonable in the circumstances to ensure that persons entering upon their premises are reasonably safe when doing so. The duty of care in each case is fact specific and takes into consideration, amongst other things, […]
July 19, 2022
In Grewal v. Peel Mutual Insurance Company, 2022 ONSC 4082, the Divisional Court confirmed that an appeal in a regulatory proceeding, such as a matter before the Licence Appeal Tribunal, must wait until there is a final determination of the claim. The matter in issue involved a statutory accident benefits dispute. The claimant sought to […]
July 14, 2022
In Beardwood v. The City of Hamilton, 2022 ONSC 4030, the plaintiff was involved in a single vehicle motorcycle accident at an intersection in Hamilton, Ontario. The plaintiff was traveling at a low speed and encountered a bump or surface discontinuity on the roadway formed by a longitudinal asphalt lip. His front wheel went up […]
July 06, 2022
By Meryl Rodrigues In its recent decision of Demme v. Healthcare Insurance Reciprocal of Canada[1], the Court of Appeal addressed the commercial liability insurer’s duty to defend actions based on the tort of intrusion upon seclusion against an employee of the insured, ultimately affirming the insurer’s denial of coverage under the responding policy. The plaintiff, […]
June 22, 2022
By Jennifer Singh In our March 31, 2022 blog post[1], we discussed the decision in Atsaidis v. Sanford, 2022 ONSC 1690, wherein a consent adjournment of trial to permit the defendants to bring a summary judgment motion on a limitation period issue was denied by Justice D.A. Wilson. Justice Wilson scheduled the motion for two […]
June 15, 2022
By Emily Vereshchak In Chaboyer et al v. Gill et al, 2022 ONSC 3452, the Court analyzed the details of the plaintiff’s living circumstances to determine whether she could be classified as an “eligible claimant” and make a claim pursuant to an OPCF 44R Family Protection Endorsement in an insurance policy held by her mother. […]
