Section 137.1 of the Courts of Justice Act, R.S.O. 1990, c. C.43 (the “CJA”) was enacted in response to strategic litigation against public participation (“SLAPP”) lawsuit. Such lawsuits use the court system to limit the effectiveness of the opposing party’s speech or conduct. The stated purpose of sections 137.1 to 137.5 of the CJA is to: Encourage individuals to … Continued
In 2015, I was honoured to speak to Stieber Berlach’s clients on the then recent Ontario Court of Appeal decision and leading case on surveillance, Iannarella v. Corbett, 2015 ONCA 110 (CanLII) (http://canlii.ca/t/ggbk3). I was pleased to deliver a paper I had written on the topic of properly using surveillance evidence in litigation cases. Fast-forward three … Continued
Newly developing law concerning extending limitation periods was clarified in a recent decision of the Ontario Superior Court. In Peloso v. Griesbach, 2018 ONSC 798, the court considered whether a limitation period could be extended beyond two years where a tort claimant is engaged in a process to limit or remove its damages. The law that … Continued
The Court of Appeal has provided some much needed clarification on the ever changing subject of enforceability of employment contracts. In Nemeth v. Hatch Ltd., 2018 ONCA 7 (“Nemeth”), the plaintiff (appellant) was employed with the defendant for about 19 years. He was terminated and was given eight weeks’ notice of termination, 19.42 weeks’ salary as … Continued
Overview: An award of punitive damages[1] is an exceptional and relatively rare remedy available to plaintiffs in civil proceedings. As suggested by its name, such an award is punitive as opposed to compensatory by nature, straddling the frontier between civil and criminal law. This paper will provide an overview of the legal framework underlying punitive damages, … Continued
More than a decade ago, the Supreme Court of Canada released the decision of Childs v. Desormeaux[1] in which the Court considered for the first time whether hosts of parties where alcohol is served (i.e. social host cases) owe a duty of care to public users of highways who are injured when an intoxicated guest drives … Continued
1. OVERVIEW The appraisal process is an effective and efficient way to quantify a disputed claim under a policy of insurance. It provides an out-of-court mechanism through which qualified individuals can assess and measure the monetary value of a loss. While the commencement of a civil action does not itself preclude the right to trigger … Continued
When is a property owner entitled to replacement cost coverage? What qualifies as a replacement building? This paper will provide you with what the Ontario Court of Appeal has to say on these issues, as recently addressed in its decision Carter v. Intact Insurance Co.[1]. A Primer on the Basis of Valuation in a Property Policy Property … Continued
Overview In Saadati v. Moorehead, the Supreme Court of Canada considered the issue of whether evidence of a “recognizable psychiatric illness” is required to recover for mental injury. Before the Supreme Court’s decision in Saadati, lower courts required that plaintiffs show a recognizable psychiatric illness to recover for mental injury, though the view was not without its critics. … Continued
INTRODUCTION The two biggest questions for which we, as defence lawyers, are engaged are: “what is the liability” and “what are the damages”. Every case management or litigation plan is structured around these two questions. There are strategic assessments of them, separate spreadsheets to assess their intertwining influence, and budgets to assess the costs of answering … Continued
