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. […]
December 20, 2023
By Riley Groskopf The Ontario Court of Appeal recently released its decision in BelairDirect Insurance Company v. Continental Casualty Company, 2023 ONCA 834. The decision addresses priority of coverage for motor vehicle accidents outside of the statutory accident benefits context, and issues of mistake. Context A vehicle leasing corporation called WTH leased a motor vehicle […]
December 14, 2023
By Erin Crochetière The Court of Appeal recently heard an appeal of a trial decision holding the defendant driver liable for a collision with a cyclist and granting over 2.5 million in damages, in Sanson v. Paterson, 2023 ONCA 798. The plaintiff, Ms. Geraldine Sanson, respondent on appeal, was a cyclist riding home in the […]
December 08, 2023
At our weekly meeting, Itai Gibli discussed the recent decision of the Court of Appeal in SIR Corp v Aviva Insurance Company of Canada, 2023 ONCA 778. Facts During the COVID-19 pandemic, Canadian provincial governments and American state governments enacted emergency orders which prevented in-person dining at restaurants (“the Orders”).[1] The appellants (“SIR”) owned and […]