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
A recent Ontario Court of Appeal decision, Tondat v. Hudson’s Bay Company, 2018 ONCA 302 (“Tondat”), upheld the trial judge’s finding of liability in a slip and fall accident: http://canlii.ca/t/hr6rs. The case arises from a plaintiff’s slip and fall on a wet tile floor in the Bay. The sole issue on appeal was whether the trial … Continued
The Issue An important decision was released on May 7, 2018 by the Ontario Court of Appeal in the case of Mega International Commercial Bank (Canada) v. Yung, 2018 ONCA 429, stating that the two year limitation period for third party claims for contribution and indemnity under s. 18 of the Limitations Act, 2002, SO 2002, c … Continued
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
