By Dimitris Logothetis Reviewed by Grant Ferguson INTRODUCTION “Priority” in the context of insurance law refers to the order of responsibility for insurers to pay out insurance claims to an insured. A priority dispute arises when there are multiple insurers or insurance policies, and more than one insurer/policy may cover the same loss. Such a … Continued

By Caroline Swiderski Reviewed by Landan Peleikis In Sinclair v. Venezia Turismo, the Supreme Court of Canada clarified the test for jurisdiction simpliciter, particularly as it pertains to the final presumptive connecting factor provided by the Court in Club Resorts Ltd. v. Van Breda, 2012 SCC 17 (“Van Breda”) – whether a contract connected to … Continued

By Kiana Therrien-Tomas Supervised by Jessica DiFederico   Introduction In Price v. Smith & Wesson Corporation[1] (“Price”), the Ontario Court of Appeal addressed the scope of tort liability in the context of firearm manufacturers and class actions. The case arose from the tragic 2018 Danforth shooting and considered whether a manufacturer could be held liable … Continued

By Avery Cameron Supervised by Andrea LeDrew   Introduction Cadieux v. Cadieux[1], is a 2025 Court of Appeal decision which considers when it is appropriate for the Court to decline approval of a Pierringer agreement. Justice George, writing for the panel, addressed the role of Pierringer agreements in facilitating settlements in complex multi-party litigation and … Continued

By Gary Cerriku and Douglas Treilhard In Echelon General Insurance Company v. Unifund Assurance, 2025 ONCA 324 (Echelon), the Ontario Court of Appeal clarified the proper interpretation of the regulation that governs disputes between automobile insurers over which insurer must pay Statutory Accident Benefits (“SABs”). Arbitrators adjudicating disputes under Regulation 283/95 (“Regulation 283”) of the … Continued

By Zachary Sherman and Linette King In Wyatt v. Mirabelli, the Court of Appeal has demonstrated the Court’s ongoing reluctance to strike out statute-barred claims under r. 21.01 of the Rules of Civil Procedure. In Davidoff v. Sobeys Ontario, the Court noted that it would only be in rare circumstances that a limitations issue could … Continued

By: Bridget Irish Edited by: Jessica DiFederico In Huether v Sharpe, 2025 ONCA 140,[1] the Ontario Court of Appeal provided clarity on what constitutes a “continuous act or omission” for the purpose of barring a claim pursuant to the ultimate limitation period in section 15(2) of the Limitations Act (the “Act”). Section 15(2) of the … Continued

By Kayla Sager In Tataryn v Diamond & Diamond Lawyers LLP,[1] the Ontario Court of Appeal upheld the dismissal of a class action for delay under section 29.1 of the Class Proceeding Act which came into force on October 1, 2020. Justice Pepall, writing for the panel addressed the application of s. 29.1(1) of the … Continued

By: Zachary Sherman Edited by Grant Ferguson and Thomas Russell   In Arcamm Electrical Services Ltd. v. Avison Young Real Estate Management Services LP (“Arcamm”),[1] the Ontario Court of Appeal overturned a summary judgment motion where the issue of “contributory fault” in a contract dispute remained unsettled. Justice Gillese, writing for a panel of judges, … Continued

By Christian Breukelman and Bridget Irish On June 25, 2024, Justice Perell released his decision on a certification motion in Stolove v. Waypoint Centre for Mental Health Care, 2024 ONSC 3639. This decision has significant takeaways for the growing number of potential class actions rooted in ‘systemic negligence.’ Stieber Berlach LLP represented Waypoint Centre for … Continued