In August 2022, Justice Morgan, of the Ontario Superior Court of Justice, held that a unit owner had not been oppressed notwithstanding he was dissatisfied with steps taken by the condominium board to address his noise complaints. In January 2024, the Ontario Court of Appeal dismissed the unit owner’s appeal, upholding Justice Morgan’s decision.[1] This … Continued
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The Courts clarify a condominium corporation’s obligations when a unit owner complains about noise from another unit owner
In August 2022, Justice Morgan, of the Ontario Superior Court of Justice, held that a unit owner had not been oppressed notwithstanding he was dissatisfied with steps taken by the condominium board to address his noise complaints. In January 2024, the Ontario Court of Appeal dismissed the unit owner’s appeal, upholding Justice Morgan’s decision.[1] This … Continued
by Avi Sharabi
Finding the Line for Occupier’s Liability: Responsibility of Occupiers for Natural Hazards on their Premises
A Recent Decision by the Ontario Court of Appeal Provides Guidance on the Responsibility of Occupiers for Natural Hazards on their Premises By: Thomas Russell A recent decision by the Ontario Court of Appeal in Lyng v. Ontario Place Corporation, 2024 provides useful guidance on the responsibility of occupiers for natural hazards on their premises.[1] … Continued
by Thomas Russell
ONCA Clarifies Coverage Chaos: G1 Driver Given Consent to use Father’s Vehicle on Highway they Mistakenly Believe to be Roadway, Injures Passenger on Completely Different Highway on Which he had No Permission to Travel
By Michael A. Valdez “This world’s a city full of straying streets” (and in this case, highways) -William Shakespeare and John Fletcher, The Two Noble Kinsmen Introduction In the 2023 Decision of Pridmore v. Drenth,[1] the Ontario Court of Appeal illuminates the complex issue of whether the mistaken belief that a highway is a road … Continued
COVID-19 Fails to Constitute “Direct Physical Loss or Damage” at Court of Appeal
A Review of the 2023 Ontario Court of Appeal Decision in SIR Corp. v. Aviva Insurance Company of Canada By: Thomas Russell Background As the world struggles to recover from the effects of the COVID-19 pandemic, one question that has been gaining some attention in the world of insurance is: in what circumstances did COVID-19 … Continued
by Thomas Russell
Now is the Winter of Our Discontent: ONCA Settles How Long Winter Contractors Should Take to Apply Salt, Reiterates Duty of Care Separate from Contractual Duties
Now is the Winter of Our Discontent:[1] ONCA Settles How Long Winter Contractors Should Take to Apply Salt, Reiterates Duty of Care Separate from Contractual Duties By: Michael A. Valdez, Stieber Berlach LLP Introduction In the recent decision of Musa v. Carleton Condominium Corporation No. 255,[2] the Ontario Court of Appeal offers clear guidance as … Continued
The Question of Coverage for Innocent Passengers in Stolen Vehicles: A Review of the 2023 Ontario Court of Appeal Decision in Burnham v Co-operators General Insurance Company
By Thomas Russell Background On August 25, 2014, Joshua Burnham was asleep in the back of a stolen pickup truck when it was involved in a motor vehicle accident, tragically killing the driver and front-seated passenger of the vehicle.[1] Arising out of this horrible situation was the question of who should cover the damages that … Continued
by Thomas Russell
Causation and Foreseeability in Case v Pattison: Negligent Inspections Conducted by an Intervening Party do not Negate the Liability of a Preceding Tortfeasor
By: Zachary Sherman Introduction In the May 2023 decision of Case v. Pattison,[1] the Ontario Court of Appeal (“ the Court”) provided clarification on the foreseeability and causation analysis to be applied where an intervening party negligently performs their duty to inspect the work of a preceding tortfeasor. In conducting their analysis, the Court concluded … Continued
Falling off the Priority Ladder: ONCA Denies Attempt to Import Causation Requirement into s. 268(2) of the Insurance Act, and Clarifies the Difference Between “Incident” and “Accident”
by Michael A. Valdez Introduction The decision of the Ontario Court of Appeal in Ontario (Government and Consumer Services) v. Gore Mutual Insurance Company[1] stresses that there is no room for a causation analysis when interpreting the priority rules in s.268(2) of the Insurance Act. These priority rules are used to determine who is liable … Continued