Recovery for Pure Economic Loss: A Narrow Right of Recovery

INTRODUCTION A ‘pure economic loss’ is a financial loss suffered by a person or corporation which is not accompanied by bodily injury or property damage. As a matter of common law, courts have historically limited recovery for pure economic losses to certain, defined, categories. The result was that smart plaintiff’s counsel would attempt to craft … Continued

A Great New Resource: Civil Procedure and Practice in Ontario

Stieber Berlach LLP is pleased to share an important new free textbook, Civil  Procedure and Practice in Ontario, which includes contributions from Katie Di Tomaso as an author of two chapters annotating sections 1-5 and 15-24 of the Limitations Act, 2002 and Christian Breukleman as an author of the chapter on Rule 29 of the Rules of Civil Procedure dealing with Third Party Claims. CPPO is … Continued

Double Duty: The equities of concurrent duties to defend

Claims made against defendants who are also contractual parties may give rise to concurrent coverage issues. For example, a defendant party may be named as an additional insured to the policy of a tenant, landlord, business partner, service provider, etc., who is also a co-defendant, in addition to maintaining their own insurance. This creates the … Continued

All about the journey?: Circumstantial evidence and standard of care

It can be difficult for litigants and the Courts to figure out the complex relationship between the standard of care analysis and the nature of the injury or damage suffered by the plaintiff. There is no duty to “Be Perfect”:  the standard of care analysis does not impose an absolute duty of perfection.[1]  In cases of … Continued

Moving the Goal Posts: 2020 Developments in Sports and Recreation Liability

Sections 3(1) and 4(1) of the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 (“OLA”) import duties on occupiers to take some care to see that patrons are safe while on the premises.  The duty is not absolute.  In the case where s. 3(1) applies, the risk must be foreseeable by the “reasonable” system in place.[1]  Under … Continued

Picking Policies: 2020 Update on Auto Coverage

Motor vehicle accident claims involve complex contractual and regulatory issues and may generate exposure for multiple insurance policies in certain circumstances. Ontario courts have held that automobile insurance policies form part of an “integral social safety net”[1] designed for consumer protection and guaranteed compensation for victims.[2] However, recent decisions from the Ontario Court of Appeal affirm that … Continued