June 26, 2024
By Katrina Taibi Overview: In Athanassiades v. Rogers Communications Canada Inc.,[1] the Court of Appeal concluded that absent truly exceptional circumstances, a summary judgment motion should not be appealed until it is complete. Background Facts: The plaintiff, Andrew Athanassiades, brought an action against the defendant, Rogers Communication Canada Inc. (“Rogers”), alleging failure to provide him […]
March 06, 2024
By Katrina Taibi Overview: In Penate v. Martoglio[1] the Court of Appeal concluded that when a trial judge discharges a jury, they must explain their reasons for doing so beyond conclusory remarks. Background Facts: The plaintiff, Norman Penate, was born on July 15, 1996 at St. Michael’s Hospital in Toronto. Doctors decided to induce labour […]
February 28, 2024
By Kathryn Orydzuk The decision in Wong v. Aviva Insurance Company of Canada, 2024 ONSC 1111, addresses an unusual scenario involving a denial of insurance coverage after the insureds lied about who was driving the defendant vehicle. Wong was the driver of a vehicle involved in an accident in 2019 with another driver, Robertson. Believing that […]
January 31, 2024
By Erin Crochetière The Court of Appeal for Ontario recently expanded the applicability of the vicarious liability provision outlined in s. 192(2) of the Highway Traffic Act in Desrochers v. McGinnis, 2024 ONCA 63. The case involved an accident whereby the plaintiff, Megan, was operating an ATV on a dirt road when she lost control […]
December 06, 2023
By Kathryn Orydzuk The Ontario Superior Court of Justice recently interpreted and applied the provisions of the Insurance Act intended to address double recovery and the private insurance exception in McCurdy, et al. v Maille, et. al., 2023 ONSC 6857. In the reasons on this post-trial motion regarding collateral benefits, Justice Nicholson ruled that the […]
September 19, 2023
We’re pleased to present our Summer 2023 Newsletter. We hope you find the following topics to be of interest: Landlord Not Liable When Tenant’s Dog Attacks When is a Municipality Liable in a Motor Vehicle Accident? Weighing the Public Interest on Anti-SLAPP Motions Is a Passenger Injured in a Stolen Vehicle Excluded from Coverage? LAT […]
