December 20, 2023
By Riley Groskopf The Ontario Court of Appeal recently released its decision in BelairDirect Insurance Company v. Continental Casualty Company, 2023 ONCA 834. The decision addresses priority of coverage for motor vehicle accidents outside of the statutory accident benefits context, and issues of mistake. Context A vehicle leasing corporation called WTH leased a motor vehicle […]
December 14, 2023
By Erin Crochetière The Court of Appeal recently heard an appeal of a trial decision holding the defendant driver liable for a collision with a cyclist and granting over 2.5 million in damages, in Sanson v. Paterson, 2023 ONCA 798. The plaintiff, Ms. Geraldine Sanson, respondent on appeal, was a cyclist riding home in the […]
November 29, 2023
By Katrina Taibi On November 24, 2023, the Ontario Court of Appeal released its decision in Wasylyk v. Simcoe (County).[1] On January 12, 2011, Melinda Wasylyk was driving eastbound on Country Road 88, when she collided with a westbound vehicle operated by Darlene Wos, resulting in catastrophic injuries. Ms. Wasylyk had previously lost control of […]
November 22, 2023
By Michael Kryworuk On November 3, 2023, the Ontario Court of Appeal released its decision in Trillium Mutual Insurance Company v. Emond, 2023 ONCA 729, allowing an appeal from a lower court declaration that an insurer was required to fully cover the replacement costs of its insureds’ flooded property, inclusive of any additional costs to […]
November 16, 2023
By Jennifer Singh In Jack-O’s Sorts Bar v. US Liability Insurance Co., 2023 ONSC 5925, United States Liability Insurance Company (“the insurer”) brought a summary judgment motion to determine whether it had a duty to defend Jack-O’s Sorts Bar and the bar’s owner, Harold Douglas Eakins (“the insureds”), in a personal injury claim. The court […]
November 09, 2023
By Jordan Petruska In Monster Snacks Inc. v. David, 2023 ONSC 6223, the plaintiff brought a motion to continue the claim and to amend a fresh statement of claim to particularize new allegations against the defendant. The Court granted an order to continue the claim, but dismissed the plaintiff’s motion to amend a fresh statement […]
