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
By: Caroline Swiderski Denman v. Radovanovic 2024 ONCA 276 Introduction It is expected that prior to any elective treatment, a physician owes a duty to the patient to provide adequate disclosure of risks.[1] This duty has been expanded over the years to include all advising doctors, even if they are not involved in the treatment … Continued
By: Thomas Russell A Review of the Recent Ontario Court of Appeal Decision in Kolapully v. Myles, 2024 Background In March of 2012, Shoba Kolapully was struck by a Toronto Transit Commission (“TTC”) bus, driven by Lynda Myles.[1] Kolapully commenced an action against Myles and the TTC for general and specific damages in 2013, … Continued
By: Michael A. Valdez Introduction The Supreme Court of Canada in Yatar v. TD Insurance Meloche Monnex[1] confirmed the courts have discretion to review administrative decisions. Insurers appearing before such administrative bodies and seeking to rely on administrative decisions ought to take note of this decision as it means that decisions of administrative bodies, such … Continued
A review of the Ontario Court of Appeal decision in Desrochers v. McGinnis, 2024 By: Thomas Russell Introduction This is a case of a horrible all-terrain vehicle accident that resulted in a life changing injury for a young woman. The resulting litigation required the Court of Appeal to rule on liability of both the owner … Continued
Overview and Executive Summary So-called “long-tail claims”, i.e. claims where the alleged damage spans a number of years, pose various coverage challenges for insurers and policyholders. On February 27, 2024, the Ontario Court of Appeal released its decision in Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145 (CanLII) … Continued
By Michael A. Valdez Introduction Legal arguments over the meaning of a single term may seem like little more than semantic squabbles to those unfamiliar with insurance law. However, small interpretative disputes are often at the center of high-value insurance claims. The analysis of these disputes frequently determines whether the case ends in a big … Continued
