November 17, 2023
At our weekly meeting, Eli Feldman discussed the recent rare split decision of the Supreme Court of Canada (the “SCC”) in R. v. Greater Sudbury (City), 2023 SCC 28, a case that dealt with a fatal accident and the proper interpretation of Ontario’s Occupational Health and Safety Act (the “OHSA” or the “Act”). Facts In […]
November 10, 2023
At our weekly meeting, Itai Gibli discussed the recent decision of the Superior Court of Justice in Interpaving Limited v. Workplace Safety and Insurance Appeals Tribunal, 2023 ONSC 5162, which was an application for judicial review of the Workplace Safety and Insurance Appeals Tribunal’s decision in Decision No. 852/19. Before examining the decision in Interpaving, […]
November 03, 2023
At our weekly meeting, Samuel Pevalin discussed the recent decision of the Ontario Court of Appeal in 2177546 Ontario Inc. v. 2177545 Ontario Inc., 2023 ONCA 693. In this decision, the Court applied the three-part test established in Celanese Canada Inc. v. Murray Demolition Corp., 2006 SCC 36 for when a party accesses privileged information. The Court […]
October 20, 2023
At our weekly meeting, Eli Feldman discussed the recent decision of the Superior Court of Justice in Singh et al. v. Braich, 2023 ONSC 5053, which concerned a motion that followed an examination for discovery gone awry. Background The underlying action arose out of a motor vehicle accident in July 2019. Following the accident, the […]
October 06, 2023
At our weekly meeting, Itai Gibli discussed the recent decision of the Ontario Superior Court in Barry v. His Majesty the King in Right of Ontario, 2023 ONSC 4299. Overview The plaintiff brought an action against the Crown for damages arising from an alleged trip and fall. The Court dealt with three main issues: Did […]
September 29, 2023
At our weekly meeting, Samuel Pevalin discussed the recent decision of the Divisional Court in Kellerman-Bernard v. Unica Insurance Company, 2023 ONSC 4423. Summary The Divisional Court ruled that an insured person is eligible to apply for catastrophic impairment (CAT) designation under the Statutory Accidents Benefit Schedule (“SABS”) whether or not they were directly involved in […]
