By Caroline Swiderski Introduction In the recent decision in Universalcare Canada Inc. v Gusciglio[1], the Ontario Court of Appeal overturned a motion judge’s decision to dismiss a defamation action under section 137.1 of the Courts of Justice Act, RSO 1990 c. C.43 [“CJA”]. In doing so, the Court reiterated the importance of the balancing analysis … Continued
By Felisia Milana INTRODUCTION The Ontario Court of Appeal upheld an auto-insurer’s denial of coverage to a mother-daughter duo who turned a motor vehicle accident into a case of civil fraud. The Court in Wong v Aviva insurance Company of Canada, 2024 ONCA 874[1] upheld the lower court’s analysis of Hryniak v Mauldin, 2014 SCC … Continued
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
