STIEBER
BERLACH
STIEBER
BERLACH
Stieber Berlach LLP has been a recognized leader in influential litigation matters since its founding in 1997.
Routinely included in Canadian Lawyer’s annual list of Top Insurance Defence Law Boutiques in Canada, we work closely with clients to achieve their litigation goals and deliver outstanding client service.
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The breadth of Stieber Berlach’s insurance defence practice is unmatched.
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Highly regarded for their expertise in complex, sophisticated litigation, our lawyers are vigorous, yet practical, advocates. We thrive on building strong and lasting relationships with our clients, and are honoured that they consistently return to us for advice and representation.
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Insights & Commentary
No Reporting, No Relief Under Claims Made and Reported Policies
By Zachary Sherman In Kestenberg Siegal Lipkus LLP v Royal & Sun Alliance Insurance Co of Canada, the Ontario Court of Appeal confirmed that relief from forfeiture is unavailable to insureds who fail to report a claim to their insurer under a “claims made and reported” policy. The decision also affirms that the language requiring … Continued
Does a self-insured retention (“SIR”) affect a request for defence by an additional insured?
By: Kurt K. Pereira and Avi Sharabi[1] Overview On August 27, 2024, the Ontario Court of Appeal rendered its decision in Live Nation Ontario Concerts GP, Inc. v. Aviva Insurance Company of Canada, 2024 ONCA 634 (CanLII) (“Live Nation v. Aviva”). Live Nation v. Aviva arose out of a request for defence coverage by an … Continued
SCC Split Rules Owners Liable as Employers under the Occupational Health and Safety Act
By Felisia Milana Introduction Municipalities are being kept on their toes with the recent Supreme Court of Canada (“SCC”) decision in R v Greater Sudbury (City).[1] The SCC held that owners of a construction project fall within the definition of an “employer” under the Occupation Health and Safety Act (“OHSA”)[2] and are subject to the … Continued
Honesty is the Best Policy: Court of Appeal Emphasizes Insured Parties’ Responsibility for Full Disclosure
By: Dimitris Logothetis Introduction and Background It is a trite law of human nature that honesty is the best policy. And it is trite law, as in the actual law, that this is especially true for parties entering insurance agreements. In Davies v. AIG Insurance Company of Canada, 2024 ONCA 509,[1] the Ontario Court of … Continued
The Court of Appeal Reaffirms the Importance of a Physician’s Duty to Obtain Informed Consent
By: Caroline Swiderski Denman v. Radovanovic 2024 ONCA 276 Introduction It is expected that prior to any elective treatment, a physician owes a duty to the patient to provide adequate disclosure of risks.[1] This duty has been expanded over the years to include all advising doctors, even if they are not involved in the treatment … Continued
The Ontario Court of Appeal Provides Important Guidance on Evidence Involving Novel Science, Collateral Facts, and Statutory Benefits
By: Thomas Russell A Review of the Recent Ontario Court of Appeal Decision in Kolapully v. Myles, 2024 Background In March of 2012, Shoba Kolapully was struck by a Toronto Transit Commission (“TTC”) bus, driven by Lynda Myles.[1] Kolapully commenced an action against Myles and the TTC for general and specific damages in 2013, … Continued
SCC: Limited Statutory Rights of Appeal Do Not Preclude Judicial Review for Unaddressed Questions
By: Michael A. Valdez Introduction The Supreme Court of Canada in Yatar v. TD Insurance Meloche Monnex[1] confirmed the courts have discretion to review administrative decisions. Insurers appearing before such administrative bodies and seeking to rely on administrative decisions ought to take note of this decision as it means that decisions of administrative bodies, such … Continued
Court of Appeal Rules on Liability of Owners and Operators in Handing Over Control of a Vehicle
A review of the Ontario Court of Appeal decision in Desrochers v. McGinnis, 2024 By: Thomas Russell Introduction This is a case of a horrible all-terrain vehicle accident that resulted in a life changing injury for a young woman. The resulting litigation required the Court of Appeal to rule on liability of both the owner … Continued