Insights
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Insights list

Ontario Court of Appeal Rules that Actions Against Barrick Gold Cannot Proceed in Ontario on the Basis of Forum Non Conveniens. - photo
  • Commentaries

Ontario Court of Appeal Rules that Actions Against Barrick Gold Cannot Proceed in Ontario on the Basis of Forum Non Conveniens.

By Dimitris Logothetis Reviewed by Rovena Hajdëri INTRODUCTION In Matiko John v. Barrick Gold Corporation,[1] the Ontario Court of Appeal considered whether actions brought by Tanzanian individuals arising from alleged human rights abuses at a gold mine in Tanzania should proceed in Ontario or be stayed and heard in Tanzania. The Court dismissed the appeal … Continued

The Supreme Court of Canada Unveils New Tort of Intimate Partner Violence in Ahluwalia v Ahluwalia, 2026 SCC 16 - photo
  • Commentaries

The Supreme Court of Canada Unveils New Tort of Intimate Partner Violence in Ahluwalia v Ahluwalia, 2026 SCC 16

By Felisia Milana INTRODUCTION The Supreme Court of Canada (“SCC”) delivered its much-anticipated decision in Ahluwalia v Ahluwalia, 2026 SCC 16, where the Court was tasked with grappling whether a new tort of family violence should be recognized in Canada. Following from the teetering decisions of the Ontario Superior Court of Justice (“ONSC”) and the Ontario Court … Continued

Expert Evidence as a Double-Edged Sword: The Court of Appeal Reaffirms Trial Judges’ Gatekeeper Role - photo
  • Commentaries

Expert Evidence as a Double-Edged Sword: The Court of Appeal Reaffirms Trial Judges’ Gatekeeper Role

Written by Caroline Swiderski  Reviewed by Linette King Introduction In Pederson v Forget,[1] the Court of Appeal for Ontario upheld a trial judge’s decision to exclude expert evidence he found to be unreliable. In doing so, the Court reaffirmed the importance of the trial judge’s role as a gatekeeper and the deference that it attracts. … Continued

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Are There Limits to GRC Coverage? The SCC says “Yes”. - photo
  • Commentaries

Are There Limits to GRC Coverage? The SCC says “Yes”.

By: Avi Sharabi and Dimitris Logothetis Introduction In Emond v Trillium Mutual Insurance Co[1], the Supreme Court of Canada considered the interpretation of a GRC (Guaranteed Rebuilding Cost) endorsement in a homeowners insurance policy. At issue was whether the policy’s compliance cost (i.e. bylaws, etc.) exclusion applied to the GRC endorsement. In short, the Court … Continued

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No Analytical Shortcuts: The Court of Appeal Reinforces the Balancing Analysis of the Anti-SLAPP Framework - photo
  • Commentaries

No Analytical Shortcuts: The Court of Appeal Reinforces the Balancing Analysis of the Anti-SLAPP Framework

By Caroline Swiderski Introduction In the recent decision in Universalcare Canada Inc. v Gusciglio[1], the Ontario Court of Appeal overturned a motion judge’s decision to dismiss a defamation action under section 137.1 of the Courts of Justice Act, RSO 1990 c. C.43 [“CJA”]. In doing so, the Court reiterated the importance of the balancing analysis … Continued

Wong v Aviva Insurance Company of Canada: Guidance on Loss in Civil Fraud - photo
  • Commentaries

Wong v Aviva Insurance Company of Canada: Guidance on Loss in Civil Fraud

By Felisia Milana INTRODUCTION The Ontario Court of Appeal upheld an auto-insurer’s denial of coverage to a mother-daughter duo who turned a motor vehicle accident into a case of civil fraud. The Court in Wong v Aviva insurance Company of Canada, 2024 ONCA 874[1] upheld the lower court’s analysis of Hryniak v Mauldin, 2014 SCC … Continued

A Question of Priorities - photo
  • Commentaries

A Question of Priorities

By Dimitris Logothetis Reviewed by Grant Ferguson INTRODUCTION “Priority” in the context of insurance law refers to the order of responsibility for insurers to pay out insurance claims to an insured. A priority dispute arises when there are multiple insurers or insurance policies, and more than one insurer/policy may cover the same loss. Such a … Continued