June 19, 2024
By Kathryn Orydzuk Background The appellants/plaintiffs appealed the June 5, 2023 decision of Penny J. of the Ontario Superior Court (Workman Optometry Professional Corporation v. Certas Home and Auto Insurance, 2023 ONSC 3356), which was heard by the Ontario Court of Appeal on June 12, 2024 (Workman Optometry Professional Corporation v. Certas Home and Auto […]
June 12, 2024
By Jennifer Singh The Appeal in Legault v. TD General Insurance Company, 2024 ONCA 439, arose from a trial decision dismissing an action brought by Shelley Legault against TD Insurance Company (“TD”) relating to TD’s denial of Ms. Legault’s claim under her homeowner’s insurance policy following a fire at her home. The appeal was dismissed […]
May 22, 2024
By Erin Crochetière The Court of Appeal for Ontario recently considered the liability of landlords for dog bites occurring on premises they own, in the case of Walpole v. Crisol, 2024 ONCA 400. The appellants, the Walpole family, were visiting the home of the defendants, Tammy Brush and Larry Ostertag, when their six-year-old daughter was bitten […]
January 10, 2024
By Antoinette Monardo The Ontario Court of Appeal’s decision in Williams v. Tuck, 2023 ONCA 452 grapples with a particular issue concerning abuse of process, namely vexatious litigants, and sheds light on the process required to obtain a vexatious litigant order. Context The appellant, David Williams, commenced three actions in succession against the same defendants, […]
January 05, 2024
At our weekly meeting, Samuel Pevalin discussed the recent decision of the Ontario Court of Appeal in Boal v. International Capital Management Inc., 2023 ONCA 840, in which the Court considered the criteria to establish an ad hoc fiduciary duty and whether a claim against the appellant’s financial advisor disclosed a cause of action for breach […]
December 22, 2023
At our weekly meeting, Eli Feldman discussed the recent decision of the Ontario Court of Appeal (the “ONCA”) in Baker v. Blue Cross Life Insurance Company of Canada, 2023 ONCA 842, concerning the entitlement of a group disability insurance policy member to long-term disability benefits after suffering a sudden stroke while exercising in October 2013. […]