By Dimitris Logothetis Reviewed by Rovena Hajdëri INTRODUCTION In Matiko John v. Barrick Gold Corporation,[1] the Ontario Court of Appeal considered whether actions brought by Tanzanian individuals arising from alleged human rights abuses at a gold mine in Tanzania should proceed in Ontario or be stayed and heard in Tanzania. The Court dismissed the appeal … Continued
By Felisia Milana INTRODUCTION The Supreme Court of Canada (“SCC”) delivered its much-anticipated decision in Ahluwalia v Ahluwalia, 2026 SCC 16, where the Court was tasked with grappling whether a new tort of family violence should be recognized in Canada. Following from the teetering decisions of the Ontario Superior Court of Justice (“ONSC”) and the Ontario Court … Continued
Written by Caroline Swiderski Reviewed by Linette King Introduction In Pederson v Forget,[1] the Court of Appeal for Ontario upheld a trial judge’s decision to exclude expert evidence he found to be unreliable. In doing so, the Court reaffirmed the importance of the trial judge’s role as a gatekeeper and the deference that it attracts. … Continued
By Felisia Milana Reviewed by Grace Murdoch INTRODUCTION The Ontario Court of Appeal (“ONCA”) upheld a motion judge’s decision that a co-owner of a motor vehicle is liable for loss or damage arising from negligent operation where another co-owner has consented to a non-owner’s use of the vehicle, even if the first co-owner did not. Nowakowski … Continued
By: Avi Sharabi and Dimitris Logothetis Introduction In Emond v Trillium Mutual Insurance Co[1], the Supreme Court of Canada considered the interpretation of a GRC (Guaranteed Rebuilding Cost) endorsement in a homeowners insurance policy. At issue was whether the policy’s compliance cost (i.e. bylaws, etc.) exclusion applied to the GRC endorsement. In short, the Court … Continued
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
