July 14, 2023
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court of Justice in Co-operators General Insurance v. Doobay, 2023 ONSC 4075. Overview This costs hearing followed an action that involved two claims, one where the insurer claimed the return of benefits paid, plus damages, and one where the insured claimed […]
July 07, 2023
At our weekly meeting, Katrina Taibi discussed a recent decision of the Ontario Superior Court of Justice. Overview: The Court considered whether an action for loss of competitive advantage (“LOCA”) should be dismissed by way of a non-suit motion or by declining to put the question to the jury. Background Facts: The plaintiff was riding […]
June 09, 2023
At our weekly meeting, Katrina Taibi discussed the recent decision of the Ontario Court of Appeal in Bothwell v. London Health Sciences Centre, 2023 ONCA 323. Overview: The Court of Appeal considered the test for a compensable psychological injury and whether feelings of shock, frustration, and anger meet this test. Background Facts and Legislative History: […]
May 05, 2023
At our weekly meeting, Nasra Esak discussed the recent decision of the License Appeal Tribunal (LAT), Amalathasan v. Certas Home and Auto Insurance Company, 2023 CanLII 17707 (ON LAT). In this decision, the Tribunal addressed the circumstances it can consider re-litigated issues and the application of the res judicata doctrine. Background The applicant was involved […]
April 28, 2023
At our weekly meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Serraville v. Duggan, 2023 ONSC 933. Overview: Pursuant to Rule 7.08, the minor plaintiff’s litigation guardian brings a motion seeking court approval of the portion of a tort settlement related to the minor. Facts: Audrey Serravalle, an eleven year […]
April 21, 2023
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Court of Appeal for Ontario in Truscott v. Co-Operators General Insurance Company, 2023 ONCA 267. Overview This appeal arose from an application for insurance coverage for claims related to a fire that destroyed a building, and the accounting papers and records within it. […]
