Editor, Author at Stieber Berlach

Causation and Foreseeability in Case v Pattison: Negligent Inspections Conducted by an Intervening Party do not Negate the Liability of a Preceding Tortfeasor

By: Zachary Sherman Introduction In the May 2023 decision of Case v. Pattison,[1] the Ontario Court of Appeal (“ the Court”) provided clarification on the foreseeability and causation analysis to be applied where an intervening party negligently performs their duty to inspect the work of a preceding tortfeasor. In conducting their analysis, the Court concluded … Continued

Falling off the Priority Ladder: ONCA Denies Attempt to Import Causation Requirement into s. 268(2) of the Insurance Act, and Clarifies the Difference Between “Incident” and “Accident”

by Michael A. Valdez Introduction The decision of the Ontario Court of Appeal in Ontario (Government and Consumer Services) v. Gore Mutual Insurance Company[1] stresses that there is no room for a causation analysis when interpreting the priority rules in s.268(2) of the Insurance Act. These priority rules are used to determine who is liable … Continued

The Ontario Court of Appeal Highlights Key Considerations in Bringing Jurisdictional Challenges: Breaking Down the Decision in Black & McDonald Limited v. Eiffage Innovative Canada Inc., 2023 ONCA 91

By: Grace Murdoch In this rapidly evolving age of globalization, interjurisdictional collaboration on projects has never been easier. By the same token, there has never been more potential for interjurisdictional disputes regarding those projects. When a court’s intervention becomes necessary, litigants must first solve the dilemma: which court? Three tests can be used to answer … Continued

From Settlement to Stay: The Ontario Court of Appeal Affirms the Importance of Prompt Disclosure of Settlement Information to Related Parties

By Grace Murdoch In its recent decision, Skymark Finance Corporation v Ontario, 2023 ONCA 234[1], the Ontario Court of Appeal took the opportunity to comment on the importance of immediate disclosure of settlement minutes to other parties in an action and to clarify the meaning of the phrase “to change the entirety of the litigation … Continued

When are Insurers Required to Provide Medical Reasons for the Denial of Statutory Accident Benefits?

By Lujza Csanyi An insurer may discontinue an insured’s entitlement to benefits under the Statutory Accident Benefits Schedule[1] (“the SABS”) pursuant to any of the specified grounds enumerated under section 37(2). If the insurer determines that the insured is ineligible for benefits on the basis of any of these grounds, section 37(4) requires the insurer … Continued

Vitriol or Value? ONCA Provides Direction on Anti-SLAPP Analysis

By Landan Peleikis Introduction In Thorman v. McGraw,[1] the Ontario Court of Appeal clarified section 137.1(4)(b) of the Courts of Justice Act and further narrowed the class of public expression deemed worthy of protection under Ontario’s anti-SLAPP legislation. Background In December 2013, the respondent entered into an agreement with the appellants to renovate her bathroom. … Continued

Martin v AGO et al.: The Standard of Care Required of an Occupier is not One of Perfection

By: Lujza Csanyi In Martin v AGO et al.[1], the Ontario Superior Court reiterated that the standard of care required of an occupier under Section 3(1) of the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 (the “Act”) is one of reasonableness and not perfection. Although the standard of care is fact-specific, occupiers are not responsible … Continued

The Ontario Court of Appeal Refuses to Extend Tort of Intrusion Upon Seclusion to Cases of Third-party Hackers

By: Thomas Russell Introduction In November of the past year, the Ontario Court of Appeal (the court of appeal) released a trio of decisions that marked an important development in Ontario privacy law: Owsianik v Equifax; Obodo v Trans Union of Canada, Inc; and Winder v Marriot International, Inc.[1] In these three decisions, the court … Continued

SPECT Scans: Ontario Courts’ Grapple with a “Novel” Evidentiary Tool

By: Grace Murdoch Introduction In recent years, single-photon emission computerized tomography scans (otherwise known as “SPECT” scans) have been the subject of debate in Ontario’s court rooms when evaluating brain injury claims. Whether the conclusions resulting from such scans can be admitted into evidence and for what purpose are increasingly becoming important questions in personal … Continued

Limitation Periods where a Defendant is Undertaking Ameliorative Efforts – The Latest Word from the Ontario Court of Appeal

By Lujza Csanyi In Amelin Engineering Ltd. v Blower Engineering Inc.[1], the Ontario Court of Appeal clarified that although ameliorative efforts may toll a limitation period, the “modified objective test” under section 5(1)(b) of the Limitations Act, 2002[2] (the “Limitations Act”) continues to apply. Thus, even where a potential defendant is attempting to remedy a … Continued