By Kayla Sager In Tataryn v Diamond & Diamond Lawyers LLP,[1] the Ontario Court of Appeal upheld the dismissal of a class action for delay under section 29.1 of the Class Proceeding Act which came into force on October 1, 2020. Justice Pepall, writing for the panel addressed the application of s. 29.1(1) of the … Continued
By: Zachary Sherman Edited by Grant Ferguson and Thomas Russell In Arcamm Electrical Services Ltd. v. Avison Young Real Estate Management Services LP (“Arcamm”),[1] the Ontario Court of Appeal overturned a summary judgment motion where the issue of “contributory fault” in a contract dispute remained unsettled. Justice Gillese, writing for a panel of judges, … Continued
By Christian Breukelman and Bridget Irish On June 25, 2024, Justice Perell released his decision on a certification motion in Stolove v. Waypoint Centre for Mental Health Care, 2024 ONSC 3639. This decision has significant takeaways for the growing number of potential class actions rooted in ‘systemic negligence.’ Stieber Berlach LLP represented Waypoint Centre for … Continued
By: Kayla Sager The Ontario Court of Appeal’s decision in Stewart v. Bay of Quinte Mutual Insurance Co., 2024 ONCA 730 (“Stewart v. Bay of Quinte”), offers insights into the responsibilities of insurers, particularly in assessing the value of lost property, and managing risk. Stewart v. Bay of Quinte arose out of a dispute … Continued
By Zachary Sherman In Kestenberg Siegal Lipkus LLP v Royal & Sun Alliance Insurance Co of Canada, the Ontario Court of Appeal confirmed that relief from forfeiture is unavailable to insureds who fail to report a claim to their insurer under a “claims made and reported” policy. The decision also affirms that the language requiring … Continued
By: Kurt K. Pereira and Avi Sharabi[1] Overview On August 27, 2024, the Ontario Court of Appeal rendered its decision in Live Nation Ontario Concerts GP, Inc. v. Aviva Insurance Company of Canada, 2024 ONCA 634 (CanLII) (“Live Nation v. Aviva”). Live Nation v. Aviva arose out of a request for defence coverage by an … Continued
By Felisia Milana Introduction Municipalities are being kept on their toes with the recent Supreme Court of Canada (“SCC”) decision in R v Greater Sudbury (City).[1] The SCC held that owners of a construction project fall within the definition of an “employer” under the Occupation Health and Safety Act (“OHSA”)[2] and are subject to the … Continued
By: Dimitris Logothetis Introduction and Background It is a trite law of human nature that honesty is the best policy. And it is trite law, as in the actual law, that this is especially true for parties entering insurance agreements. In Davies v. AIG Insurance Company of Canada, 2024 ONCA 509,[1] the Ontario Court of … Continued
