By Kayla Sager In Tataryn v Diamond & Diamond Lawyers LLP,[1] the Ontario Court of Appeal upheld the dismissal of a class action for delay under section 29.1 of the Class Proceeding Act which came into force on October 1, 2020. Justice Pepall, writing for the panel addressed the application of s. 29.1(1) of the … Continued
Insights
& Commentary
Insights list
The Court of Appeal Continues to Caution Against Using Rule 21 to Determine Limitations Issues
By Zachary Sherman and Linette King In Wyatt v. Mirabelli, the Court of Appeal has demonstrated the Court’s ongoing reluctance to strike out statute-barred claims under r. 21.01 of the Rules of Civil Procedure. In Davidoff v. Sobeys Ontario, the Court noted that it would only be in rare circumstances that a limitations issue could … Continued
by Private: Linette King
Valuing Finality: Interpreting Continuous Acts in Municipal Negligence Claims
By: Bridget Irish Edited by: Jessica DiFederico In Huether v Sharpe, 2025 ONCA 140,[1] the Ontario Court of Appeal provided clarity on what constitutes a “continuous act or omission” for the purpose of barring a claim pursuant to the ultimate limitation period in section 15(2) of the Limitations Act (the “Act”). Section 15(2) of the … Continued
by Jessica DiFederico
Flexibility in Administrative Dismissals under the Class Proceedings Act
By Kayla Sager In Tataryn v Diamond & Diamond Lawyers LLP,[1] the Ontario Court of Appeal upheld the dismissal of a class action for delay under section 29.1 of the Class Proceeding Act which came into force on October 1, 2020. Justice Pepall, writing for the panel addressed the application of s. 29.1(1) of the … Continued
No Negligence Act, No Problem: Court of Appeal Affirms the Apportionment of Fault in Contract Cases
By: Zachary Sherman Edited by Grant Ferguson and Thomas Russell In Arcamm Electrical Services Ltd. v. Avison Young Real Estate Management Services LP (“Arcamm”),[1] the Ontario Court of Appeal overturned a summary judgment motion where the issue of “contributory fault” in a contract dispute remained unsettled. Justice Gillese, writing for a panel of judges, … Continued
Stolove v. Waypoint Centre for Mental Health Care: Recent Developments in Systemic Negligence in Class Actions
By Christian Breukelman and Bridget Irish On June 25, 2024, Justice Perell released his decision on a certification motion in Stolove v. Waypoint Centre for Mental Health Care, 2024 ONSC 3639. This decision has significant takeaways for the growing number of potential class actions rooted in ‘systemic negligence.’ Stieber Berlach LLP represented Waypoint Centre for … Continued
by Christian Breukelman
Imperfect Compliance: A No Harm, No Foul Approach to the Proof of Loss Requirement under the Insurance Act.
By: Kayla Sager The Ontario Court of Appeal’s decision in Stewart v. Bay of Quinte Mutual Insurance Co., 2024 ONCA 730 (“Stewart v. Bay of Quinte”), offers insights into the responsibilities of insurers, particularly in assessing the value of lost property, and managing risk. Stewart v. Bay of Quinte arose out of a dispute … Continued
No Reporting, No Relief Under Claims Made and Reported Policies
By Zachary Sherman In Kestenberg Siegal Lipkus LLP v Royal & Sun Alliance Insurance Co of Canada, the Ontario Court of Appeal confirmed that relief from forfeiture is unavailable to insureds who fail to report a claim to their insurer under a “claims made and reported” policy. The decision also affirms that the language requiring … Continued
Does a self-insured retention (“SIR”) affect a request for defence by an additional insured?
By: Kurt K. Pereira and Avi Sharabi[1] Overview On August 27, 2024, the Ontario Court of Appeal rendered its decision in Live Nation Ontario Concerts GP, Inc. v. Aviva Insurance Company of Canada, 2024 ONCA 634 (CanLII) (“Live Nation v. Aviva”). Live Nation v. Aviva arose out of a request for defence coverage by an … Continued
by Kurt K. Pereira Avi Sharabi