Thursday, February 1st, 2018

Emily Stock spoke at “C4 2018 – CatIQ’s Canadian Catastrophe Conference” in Gatineau-Ottawa. The conference brings together industry, academia and government (and the occasional lawyer by invite) to discuss Canadian catastrophes and to brainstorm on what can be done proactively. Emily spoke as a property coverage lawyer on a panel of scientists and policymakers discussing […]

Category: Event.

Friday, January 5th, 2018

By Emily Stock Seven Judges of the Supreme Court of Canada have split, 4-3, on whether an auditor owes the audited company (and its creditors/shareholders) a duty of care, and the analysis of the scope of such duty. The test for duty of care in Canada, referred to as the Anns test, requires the Court […]

Category: Uncategorized.

Friday, November 24th, 2017

Clarence Lui was recently interviewed by the Law Times on the recent Ontario Court of Appeal decision in Usanovic v. Penncorp Life Insurance Company: Ontario court finds disability claim was time-barred (Law Times, November 13, 2017) http://www.lawtimesnews.com/author/michael-mckiernan/ontario-court-finds-disability-claim-was-time-barred-14910/    

Category: Uncategorized.

Friday, May 26th, 2017

By Clarence Lui, CS and Ryan Tinney According to the Ontario Court of Appeal in Usanovic v Penncorp Life Insurance Company, 2017 ONCA 395, an insurer’s duty of utmost good faith to its insured does not require it to disclose the existence of a limitation period. That is, unless the provincial parliament decides otherwise. The facts of […]

Category: Update.

Friday, November 25th, 2016

By Clarence Lui I am often asked by our astute clients whether they should apply under the two procedures provided in section 23 or 24 of the Ontario Repair and Storage Liens Act, on disputes with repair shops and tow operators over repair, tow and storage charges. In most cases, a section 24 application is […]

Category: Update.

Friday, October 14th, 2016

By Patrick J. Monaghan We learn from an early age that sharing is virtuous. In the litigation sandbox, as counsel, we are often called upon to enforce the sharing of burdens through the familiar mechanisms involving the establishment and apportionment of liability, contributory negligence or the failure to mitigate.  Less familiar perhaps is the concept […]

Category: Update.

Friday, September 23rd, 2016

By Michelle Fan In litigation, it is often liability insurers that “hold the purse strings”, so to speak. When faced with a difficult or impecunious defendant, plaintiffs have tried to involve the defendant’s insurer in the litigation, or have even tried to  side-step the insured defendant entirely and solely pursue the insurer as defendant. Such […]

Category: Uncategorized.

Wednesday, October 21st, 2015

Christopher Reain will be speaking at this full day program in Toronto on November 10, 2015, which addresses the effective handling of subrogation claims.  To find out more details and register, visit this CDL website.  

Category: Uncategorized.

Friday, September 25th, 2015

The Toronto Lawyers Feed the Hungry Program has provided hot and healthy community meals to Toronto residents in need since 1998. This important year-round program fills a critical need in the city by providing four hot meals each week to those in need (approximately 60,000 meals a year). The program is made possible by generous […]

Category: Uncategorized.

Thursday, August 20th, 2015

Monaghan Reain Lui Taylor LLP is passionate about giving back to the community.  This year the firm has sponsored the Michael Mutcheson Memorial Trust Charity Golf Tournament, taking place on August 20, 2015 at Angus Glen.  The Michael Mutcheson Memorial Trust Fund, established in memory of Mike Mutcheson, was started in 1996 and has received […]

Category: Uncategorized.

Tuesday, July 28th, 2015

By Patrick J. Monaghan Does the implied undertaking rule apply to surveillance evidence in the possession of the accident benefit insurer? When the defence of a tort action leads, as it often does, to the issue of the credibility of the plaintiff, nothing quite answers the bell for the tort defendant as well as quality […]

Category: Uncategorized.

Tuesday, June 30th, 2015

By Patrick J. Monaghan More than six years after an accident, who is first loss insurer where a plaintiff is insured under a policy covering his personal vehicle, and also under a policy covering his employer’s fleet of vehicles? The Court has answered that it very much depends on what happened during those six years. […]

Category: Update.

Friday, January 30th, 2015

By Christine Matthews and Patrick J. Monaghan Twenty-five years after the overhaul of the automobile insurance regime in Ontario, some interesting questions have yet to be resolved. One, discussed here, concerns the potential exposure of insurers that do not write auto business in Ontario to loss transfer arising out of Ontario accidents. One of the […]

Category: Update.

Saturday, October 18th, 2014

Patrick J. Monaghan was interviewed by the Law Times on the impact of the recent Ontario Court of Appeal decision in Tamminga v Tamminga:  Appeal Court Rejects Jurisdiction for Accident in Alberta (Law Times, October 6, 2014)

Category: Uncategorized.

Friday, August 1st, 2014

By Patrick Monaghan Jurisdictional issues have been the focus of attention by the Supreme Court of Canada and the Court of Appeal of late. The jurisdiction of the Ontario court to entertain legal actions on the part of individuals resident in Ontario but injured in out-of-province accidents was reviewed by the Ontario Court of Appeal […]

Category: Update.

Tuesday, April 22nd, 2014

Monaghan Reain Lui Taylor LLP can’t seem to sit still. When we’re not resolving cases on our clients’ behalf we are running, volleying and building all in the name of charity. Even though MRLT is barely 8 months old, we have already participated in the CIBC Run for the Cure in October and will be […]

Category: Event.

Thursday, February 6th, 2014

Hryniak v Mauldin: The Rallying Cry of Access to Justice The Supreme Court on Summary Judgment By Patrick Monaghan and Maria Abdoullaeva We discussed the Supreme Court’s long-awaited decision on the interpretation of Ontario’s new summary judgment rule at our Friday lawyers’ breakfast last week. Summary judgment proves to be a topic that ignites controversy […]

Category: Update.

Tuesday, December 24th, 2013

By Christopher Reain and Maria Abdoullaeva A common clause in construction and commercial contracts is the covenant to insure. These clauses oblige one party to obtain insurance on all or part of the subject matter of a contract. In cases of conflict, they can be used to deflect claims for losses from other contracting parties and […]

Category: Update.

Thursday, November 21st, 2013

Patrick Monaghan chaired the Canadian Defence Lawyers Conference today on Property Claims. The program took the audience from the immediate date of loss right through to the trial, and included a panel discussion on practical tips and expectations from the bench, the insurance client and counsel in the presentation and litigation of property claims. Christopher Reain […]

Category: Event.

Friday, November 8th, 2013

Chaired by Patrick Monaghan, Christopher Reain and Clarence Lui will be speaking at this half day morning programme in Toronto on November 21, 2013, which addresses the effective handling of property claims.  To find out more details and register, please go to: http://www.cdlawyers.org/?page=15

Category: News.

Sunday, October 6th, 2013

On October 6, 2013, the firm joined the Warrior Goddesses team in the CIBC Run for the Cure, in support of our colleague Lucy and her sister Adriana, who inspire us with their strength.  Thanks to the CIBC Run for the Cure and Warrior Goddesses for bringing us together for such a great event.

Category: News.

Thursday, September 26th, 2013

By Christine Matthews INTRODUCTION Sports and exercise related injuries account for over a third of injuries suffered by Canadians and two-thirds of injuries among children aged 12 to 19.[1]  Athletes must accept certain causes of injuries as risks inherent to their sport.  However, absent a valid waiver stating the contrary, athletes will have a cause […]

Category: Update.

Friday, August 30th, 2013

More lawyers seek greener pastures in small boutique firms http://business.financialpost.com/2013/08/30/more-lawyers-seek-greener-pastures-in-small-boutique-firms/

Category: News.