August 23, 2021
By Alon Barda and Natalia Sheikh The Ontario Court of Appeal’s decision in Rooplal v. Foder, 2021 ONCA 357 addresses the time period that applies in unidentified motorist claims pursuant to s. 265 of the Insurance Act[1] and Uninsured Automobile Coverage, R.R.O. 1990, Reg. 676 (“Regulation 676”). Facts The plaintiff was injured while riding a […]
August 19, 2021
By Brian Sunohara Every litigator needs to be familiar with the rule in Browne and Dunn. In Goruk v. Greater Barrie Chamber of Commerce, 2021 ONSC 4046, the court went over the principles of this rule. Overview of the Rule The rule in Browne and Dunn requires a cross-examining lawyer to confront a witness with […]
August 16, 2021
The Summer 2021 edition of our newsletter, In|Sight, is here! We hope you find the following topics to be of interest: New High-Water Mark for Loss of Care, Guidance & Companionship Damages; No Duty of Care Between Employer and Family Members of Deceased Employee; The Rule in Browne and Dunn; Avoiding Costly Cancellations of Defence […]
April 14, 2021
By Dana Eichler and Emily Vereshchak An attack on an individual’s character is not a new concept. People have been defaming and insulting each other for centuries. Obviously, however, the manner and nature in which defamatory statements and comments are made, has developed along with society. A press conference on the courthouse steps gone sour […]
April 08, 2021
By Athina Ionita, Student-at-Law The COVID-19 pandemic has brought with it a wave of legal claims. The Ontario government has attempted to protect those subject to this wave of litigation and return some stability to the litigation landscape with the passing of Supporting Ontario’s Recovery Act, 2020,[1] (“the Act”) which came into force on November […]
April 06, 2021
By Alon Barda Background and Legislative Basis for Costs In January 2018, I co-authored a paper that looked at the LAT as it approached two years at that time. The paper outlined that one of the most significant differences from FSCO to the LAT is the costs that may be awarded. At FSCO, the arbitrator […]
