JL v. Empower Simcoe 2021 HRTO 222 In a recent decision confirmed by the Human Rights Tribunal of Ontario (the “HRTO”) May 7, 2021 (2021 HRTO 348), the HRTO has ruled that COVID-19 restrictions and protocols accepted to benefit the health of the public can still be discriminatory under the Ontario Human Rights Code (the “Code”). Restrictions … Continued
Rishi Sharma v. City of Toronto 2020 HRTO 949 In the midst of the COVID-19 pandemic, the HRTO evaluated municipal by-laws establishing mandatory masking. In that process, it also outlined the expected process for requesting exceptions to these by-laws (“accommodation”) under the Ontario Human Rights Code (the “Code”). The Applicant, in this case, was a member of … Continued
2021 CanLII 7968 (ON HPARB) The Ontario Health Professions Appeal and Review Board (“HPARB”) has upheld a rare defence and approach to defending professionals in matters before their professional colleges. In a case successfully defended by Stieber Berlach at both the College of Nurses (“CNO”) and HPARB, this 2021 decision sustained the ability of the … Continued
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
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
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
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
The novel coronavirus causing the COVID-19 infection is likely to impact insurers in several ways. In addition to an anticipated decrease in premium collection due to cancellation of policies, and a probable shrinking of investment returns, it is anticipated that there will be numerous claims that arise from the pandemic, including business interruption claims. The … Continued
