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 this question, and … Continued

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 landscape”. The Immediate … Continued

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 to provide notice, … Continued

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. The respondent was … Continued

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 for eliminating every … Continued

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

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 injury law. What … Continued

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 situation, discoverability remains … Continued

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 wholesale and retail … Continued

The Ontario Court of Appeal decided in a 3-0 decision that the newly enacted s.129.1 of the Insurance Act[1] does not apply retroactively to cover claims that were brought before the legislation came into force. s.129.1 of the Insurance Act On April 30, 2018, s.129.1 of the Insurance Act came into force, providing that: 129.1 … Continued