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 […]
November 29, 2023
By Katrina Taibi On November 24, 2023, the Ontario Court of Appeal released its decision in Wasylyk v. Simcoe (County).[1] On January 12, 2011, Melinda Wasylyk was driving eastbound on Country Road 88, when she collided with a westbound vehicle operated by Darlene Wos, resulting in catastrophic injuries. Ms. Wasylyk had previously lost control of […]
November 22, 2023
By Michael Kryworuk On November 3, 2023, the Ontario Court of Appeal released its decision in Trillium Mutual Insurance Company v. Emond, 2023 ONCA 729, allowing an appeal from a lower court declaration that an insurer was required to fully cover the replacement costs of its insureds’ flooded property, inclusive of any additional costs to […]
November 17, 2023
At our weekly meeting, Eli Feldman discussed the recent rare split decision of the Supreme Court of Canada (the “SCC”) in R. v. Greater Sudbury (City), 2023 SCC 28, a case that dealt with a fatal accident and the proper interpretation of Ontario’s Occupational Health and Safety Act (the “OHSA” or the “Act”). Facts In […]
November 01, 2023
By Nasra Esak In a recent decision of the Ontario Court of Appeal, Javid Estate v. Watson, 2023 ONCA 665, the Court of Appeal outlined the relevant factors Courts must consider when deciding on a motion for an extension of time to appeal. This decision serves as a reminder to litigators of the Court’s expectations […]
September 08, 2023
At our weekly meeting, Eli Feldman discussed the recent decision of the Ontario Court of Appeal in Beardwood et al. v. The City of Hamilton, 2023 ONCA 436. Introduction In Beardwood et al. v. The City of Hamilton, 2023 ONCA 436 (“Beardwood”), the Ontario Court of Appeal (the “ONCA”) considered the statutory impact on a […]
