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Discovering a Policy Breach Late in Litigation: Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada 2021 SCC 47 - photo
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Discovering a Policy Breach Late in Litigation: Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada 2021 SCC 47

In the recent decision, Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada, the Supreme Court of Canada considered the application of promissory estoppel in the insurance context. Specifically, the Court considered whether an insurer was estopped from denying coverage because it had already provided a defence, before it … Continued

HRTO Update: Denying Services to a COVID-19 Positive Patient is not Discriminatory - photo
  • Publications

HRTO Update: Denying Services to a COVID-19 Positive Patient is not Discriminatory

In the recent decision of Jacobs v. MyHealth Centre, 2021 HRTO 1009, the Human Rights Tribunal of Ontario (“HRTO”) concluded that the denial of services to a patient who was presumptively positive with COVID-19 did not amount to discrimination under the Ontario Human Rights Code (“the Code”) Background Facts The Applicant, Steven Jacobs, attended the … Continued

It’s Time for Appellate Courts to Weigh In on Honoraria for Representative Plaintiffs in Class Actions - photo
  • Publications

It’s Time for Appellate Courts to Weigh In on Honoraria for Representative Plaintiffs in Class Actions

Honoraria have traditionally been available to representative plaintiffs in class actions in Ontario where the plaintiff has “gone well above and beyond the call of duty.”[1] In Smith Estate v National Money Mart Company,[2] the Ontario Court of Appeal upheld the motion judge’s decision to grant a $3,000 honorarium because the representative plaintiff’s contributions to … Continued

The Court of Appeal upholds 26-month notice period in Currie v. Nylene Canada Inc., 2022 ONCA 209 - photo
  • Commentaries

The Court of Appeal upholds 26-month notice period in Currie v. Nylene Canada Inc., 2022 ONCA 209

In Currie v. Nylene Canada Inc., 2022 ONCA 209, the Ontario Court of Appeal upheld an award of a 26-month notice period on the basis of “exceptional circumstances”. Background The plaintiff, Diane Currie, brought an action against her former employer after she was terminated.  Ms. Currie started working for her employer in September 1979.   In … Continued

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Anti-SLAPP Legislation: Is it Working? - photo
  • Publications

Anti-SLAPP Legislation: Is it Working?

A legal proceeding intending to silence a group or individual who speaks out on matters of public interest is known as a Strategic Lawsuit Against Public Participation (SLAPP). The purpose of a SLAPP is to silence critics with less financial resources by forcing them to spend time and money to defend baseless lawsuits.[1] Examples of SLAPPs … Continued

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Contractual Duty of Good Faith: Judicial Krazy Glue? - photo
  • Publications

Contractual Duty of Good Faith: Judicial Krazy Glue?

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

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Insurance Potpourri: Survey of Recent Case Law - photo
  • Publications

Insurance Potpourri: Survey of Recent Case Law

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

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Recovery for Pure Economic Loss: A Narrow Right of Recovery - photo
  • Publications

Recovery for Pure Economic Loss: A Narrow Right of Recovery

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

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