ONCA Clarifies Existing Jurisprudence Regarding the Disclosure of Settlement Agreements

By Landan Peleikis Introduction The Ontario Court of Appeal’s decision in Poirier v. Logan[1] serves as a stark reminder of the detrimental consequences that result from failing to immediately disclose settlement agreements to non-settling parties. Background The respondents, Jeremy Logan and Morey Chaplick owned the respondent M.C. Capital Corp. (“M.C. Capital”). M.C. Capital ran a … Continued

Duty to Defend: Underlying Framework and Judicial Approaches in Duty to Defend Applications

By: Murray Stieber, Chris Afonso, Landan Peleikis Overview Liability insurance policies can protect insureds against claims resulting from injuries and damage to other people or property.[1] In addition to indemnifying insureds, many liability insurance policies contain provisions requiring the insurer to defend certain types of lawsuits brought against the insured – otherwise known as the … Continued

Nervous Shock Claims – Developments In Duty Of Care

By: Jessica DiFederico, Christian Breukelman and Grace Murdoch It goes without saying that a traumatic or distressing event can cause somebody great stress and anxiety, even if it did not cause them physical injury.  Such an injury is described in the case law as “nervous shock”.  Nervous shock claims result from mental or psychiatric injuries … Continued

Contractual Liability Exclusions: How Far do they Reach?

By: Avi Sharabi and Lujza Csanyi Commercial operations by nature often involve contracts, whether written or verbal. The commercial general liability (“CGL”) policy’s standard form wording contains a contractual liability exclusion. The exclusion is, on the one hand, often broadly worded. However, on the other hand, it contains exceptions which carve back the exclusion in … Continued

Municipal Road Disrepair and Motor Vehicle Accidents: Does Driver Conduct Matter?

By: Shadi Katirai and Michael Connolly Introduction Section 44(1) of Ontario’s Municipal Act[1] imposes a duty on municipalities to keep highways and bridges in a state of reasonable repair, while section 44(2) notes that municipalities that fail to do so are liable under the Negligence Act[2] for damages that people sustain because of that failure. … Continued