By Michael A. Valdez Introduction Legal arguments over the meaning of a single term may seem like little more than semantic squabbles to those unfamiliar with insurance law. However, small interpretative disputes are often at the center of high-value insurance claims. The analysis of these disputes frequently determines whether the case ends in a big … Continued
In August 2022, Justice Morgan, of the Ontario Superior Court of Justice, held that a unit owner had not been oppressed notwithstanding he was dissatisfied with steps taken by the condominium board to address his noise complaints. In January 2024, the Ontario Court of Appeal dismissed the unit owner’s appeal, upholding Justice Morgan’s decision.[1] This … Continued
A Recent Decision by the Ontario Court of Appeal Provides Guidance on the Responsibility of Occupiers for Natural Hazards on their Premises By: Thomas Russell A recent decision by the Ontario Court of Appeal in Lyng v. Ontario Place Corporation, 2024 provides useful guidance on the responsibility of occupiers for natural hazards on their premises.[1] … Continued
Lessons from Baker v. Blue Cross OVERVIEW Insurers should pay careful attention to the recent Ontario Court of Appeal decision in Baker v. Blue Cross Insurance Company of Canada. The Court’s decision upheld a significant jury verdict in the amount of $1,500,000 in punitive damages and approximately another $1,000,000 in full indemnity fees and … Continued
By Michael A. Valdez “This world’s a city full of straying streets” (and in this case, highways) -William Shakespeare and John Fletcher, The Two Noble Kinsmen Introduction In the 2023 Decision of Pridmore v. Drenth,[1] the Ontario Court of Appeal illuminates the complex issue of whether the mistaken belief that a highway is a road … Continued
A Review of the 2023 Ontario Court of Appeal Decision in SIR Corp. v. Aviva Insurance Company of Canada By: Thomas Russell Background As the world struggles to recover from the effects of the COVID-19 pandemic, one question that has been gaining some attention in the world of insurance is: in what circumstances did COVID-19 … Continued
Now is the Winter of Our Discontent:[1] ONCA Settles How Long Winter Contractors Should Take to Apply Salt, Reiterates Duty of Care Separate from Contractual Duties By: Michael A. Valdez, Stieber Berlach LLP Introduction In the recent decision of Musa v. Carleton Condominium Corporation No. 255,[2] the Ontario Court of Appeal offers clear guidance as … Continued
By Thomas Russell Background On August 25, 2014, Joshua Burnham was asleep in the back of a stolen pickup truck when it was involved in a motor vehicle accident, tragically killing the driver and front-seated passenger of the vehicle.[1] Arising out of this horrible situation was the question of who should cover the damages that … Continued
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
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
