The case of Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19, reminds us that judges can and do disagree about how to interpret and apply legal principles – even legal principles which have been well-established for many years. In Rankin, the Supreme Court of Canada considered whether the owner of a garage owes a duty … Continued
On August 30, 2018, the Ontario Court of Appeal released its decision in 1704604 Ontario Ltd. v. Pointes Protection Association, 2018 ONCA 0685, the first appellate-level decision to consider the effect of the additions of sections 137.1 – 137.5 to the Courts of Justice Act (“CJA”) spurred by the Protection of Public Participation Act (“PPPA”) enacted in 2015. Concurrently with … Continued
Insurance law’s treatment of innocent co-insureds has troubled courts for some time. Up until this year, an insurer in Ontario, and many other Canadian provinces and territories, could deny a claim for recovery by an innocent insured if the loss was caused by an intentional or criminal act of a person who was also insured … Continued
In 2018, the test to establish causation is clear. What remains unclear is how that test is to be translated into jury questions, and how the Court will assess the evidence to determine if a plaintiff has met that test. This paper will consider those current issues. The Test Care must also be taken to … Continued
INTRODUCTION Commencing claims for contribution and indemnity is a common and important part of the litigation process and can be essential to protect the interests of our clients. As such, it is important to recognise when such claims are available in law and when they are appropriate. Generally speaking, there are three situations wherein a claim … Continued
Is There a Need to Review Your Reserves? Introduction Since the decision of the Supreme Court in Mustapha in 2008, the law of “mental distress” has continued to evolve. As some of my colleagues addressed at the Stieber Berlach 2017 Insurance Law Update Seminar, the Supreme Court held in 2017, in Saadati, that a finding of a recognized … Continued
Background In Schnarr v. Blue Mountain Resorts Limited, 2018 ONCA 313, two appeals were heard together as they raised common issues. The cases have similar facts, as the plaintiffs were both patrons of ski resorts and had executed waivers of liability as a condition of their ski tickets. In both cases, the plaintiffs had been injured … Continued
It is an era of broad disclosure for civil litigants. In Kissoon v. Aviva Insurance Company of Canada[1], Mr. Justice C. De Sa J. demonstrated this by granting leave for examination of occupants of a car involved in a motor vehicle accident as non-parties. The motion stemmed from three separate actions which were commenced by three … Continued
