July 13, 2022
By Natalia Sheikh Overview When an insured has more than one insurance policy which each contain “other insurance” clauses, disputes sometimes arise over whether only one insurer has to respond to a loss, or whether multiple insurers have to respond. This was the situation in Northbridge General Insurance Company v. Aviva Insurance Company, 2022 ONCA […]
June 29, 2022
By Kathryn Orydzuk In the recent decision, McHugh v. 2209664 Ontario Inc. et al, 2022 ONSC 3729, the Court considered a motion to strike a third party claim commenced by an occupier against a tavern. Facts The main action arose out of a 2018 slip and fall on an allegedly ice-covered walkway located on the […]
June 16, 2022
Stephen Ross, Andrew Yolles, and Natalia Sheikh have written a detailed paper called “Government Liability: Tension Between the Legislature and the Courts“. It addresses the following issues: History of Crown Liability; Jurisdiction & Framework for Statutory Causes of Action Against Government Entities; Private Law Duty of Care; Enactment of the Crown Liability and Proceedings Act; […]
April 14, 2022
By Alon Barda One of the more controversial changes when the adjudication of SABS disputes was transferred from FSCO to the LAT is the ability of the Tribunal to award costs. At FSCO, the arbitrator could award “all or part of such expenses incurred in respect of an arbitration proceeding as may be prescribed in […]
April 12, 2022
By Alon Barda The issue of waivers has been prevalent in many cases recently and was, yet again, in the recent summary judgment decision of French v. Augusta Motorsports Park, 2021 ONSC 8385. Overview In July 2015, the main plaintiff was riding his four wheel-wheel drive vehicle up a sand pit at Augusta Motorsports Park […]
April 05, 2022
By Annie Levanaj, Student-at-Law The Ontario Court of Appeal, in Graham v. Toronto (City), 2022 ONCA 149, recently considered whether a claim against a municipality was barred due to the plaintiffs’ failure to comply with the 10 day notice requirement. The issues involved in the appeal are relevant not only to claims against municipalities, but also to […]
