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.
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.
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.
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.
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.
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.
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.
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.
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. 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.