In late 2020 and early 2021, the Supreme Court of Canada revisited the duty of good faith in contract in two hotly anticipated decisions. In this paper, we will review these important decisions and how they have been interpreted by lower courts before identifying the key takeaways from these updates. Bhasin v Hrynew: introducing the organizing … Continued
Potpourri: an unusual or interesting mixture of things. – Cambridge Dictionary The last two years have certainly brought many new and interesting changes to the legal world, including some pertinent case law worth discussing. We have collected some compelling insurance cases covering a range of relevant topics. POLICY EXCLUSION CLAUSES Tataryn v. Axa Insurance Canada, 2021 … Continued
INTRODUCTION A ‘pure economic loss’ is a financial loss suffered by a person or corporation which is not accompanied by bodily injury or property damage. As a matter of common law, courts have historically limited recovery for pure economic losses to certain, defined, categories. The result was that smart plaintiff’s counsel would attempt to craft … Continued
Stieber Berlach LLP is pleased to share an important new free textbook, Civil Procedure and Practice in Ontario, which includes contributions from Katie Di Tomaso as an author of two chapters annotating sections 1-5 and 15-24 of the Limitations Act, 2002 and Christian Breukleman as an author of the chapter on Rule 29 of the Rules of Civil Procedure dealing with Third Party Claims. CPPO is … Continued
JL v. Empower Simcoe 2021 HRTO 222 In a recent decision confirmed by the Human Rights Tribunal of Ontario (the “HRTO”) May 7, 2021 (2021 HRTO 348), the HRTO has ruled that COVID-19 restrictions and protocols accepted to benefit the health of the public can still be discriminatory under the Ontario Human Rights Code (the “Code”). Restrictions … Continued
Rishi Sharma v. City of Toronto 2020 HRTO 949 In the midst of the COVID-19 pandemic, the HRTO evaluated municipal by-laws establishing mandatory masking. In that process, it also outlined the expected process for requesting exceptions to these by-laws (“accommodation”) under the Ontario Human Rights Code (the “Code”). The Applicant, in this case, was a member of … Continued
2021 CanLII 7968 (ON HPARB) The Ontario Health Professions Appeal and Review Board (“HPARB”) has upheld a rare defence and approach to defending professionals in matters before their professional colleges. In a case successfully defended by Stieber Berlach at both the College of Nurses (“CNO”) and HPARB, this 2021 decision sustained the ability of the … Continued
Claims made against defendants who are also contractual parties may give rise to concurrent coverage issues. For example, a defendant party may be named as an additional insured to the policy of a tenant, landlord, business partner, service provider, etc., who is also a co-defendant, in addition to maintaining their own insurance. This creates the … Continued
