Introduction In Thorman v. McGraw,[1] the Ontario Court of Appeal clarified section 137.1(4)(b) of the Courts of Justice Act and further narrowed the class of public expression deemed worthy of protection under Ontario’s anti-SLAPP legislation. Background In December 2013, the respondent entered into an agreement with the appellants to renovate her bathroom. The respondent was … Continued
In Martin v AGO et al.[1], the Ontario Superior Court reiterated that the standard of care required of an occupier under Section 3(1) of the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 (the “Act”) is one of reasonableness and not perfection. Although the standard of care is fact-specific, occupiers are not responsible for eliminating every … Continued
By: Thomas Russell Introduction In November of the past year, the Ontario Court of Appeal (the court of appeal) released a trio of decisions that marked an important development in Ontario privacy law: Owsianik v Equifax; Obodo v Trans Union of Canada, Inc; and Winder v Marriot International, Inc.[1] In these three decisions, the court … Continued
Introduction In recent years, single-photon emission computerized tomography scans (otherwise known as “SPECT” scans) have been the subject of debate in Ontario’s court rooms when evaluating brain injury claims. Whether the conclusions resulting from such scans can be admitted into evidence and for what purpose are increasingly becoming important questions in personal injury law. What … Continued
In Amelin Engineering Ltd. v Blower Engineering Inc.[1], the Ontario Court of Appeal clarified that although ameliorative efforts may toll a limitation period, the “modified objective test” under section 5(1)(b) of the Limitations Act, 2002[2] (the “Limitations Act”) continues to apply. Thus, even where a potential defendant is attempting to remedy a situation, discoverability remains … Continued
Introduction The Ontario Court of Appeal’s decision in Poirier v. Logan[1] serves as a stark reminder of the detrimental consequences that result from failing to immediately disclose settlement agreements to non-settling parties. Background The respondents, Jeremy Logan and Morey Chaplick, owned the respondent M.C. Capital Corp. (“M.C. Capital”). M.C. Capital ran a wholesale and retail … Continued
The Ontario Court of Appeal decided in a 3-0 decision that the newly enacted s.129.1 of the Insurance Act[1] does not apply retroactively to cover claims that were brought before the legislation came into force. s.129.1 of the Insurance Act On April 30, 2018, s.129.1 of the Insurance Act came into force, providing that: 129.1 … Continued
The Ontario Court of Appeal in Intact Insurance Company v Zurich Insurance Company Ltd.[1] considered whether Intact Insurance (“Intact”) could recoup money it paid beyond its policy limits from parties other than its own insured, by direct action, for the clean up of a chemical spill. This case highlights that insurers, when viewed independently of … Continued
