Commercial operations by nature often involve contracts, whether written or verbal. The commercial general liability (“CGL”) policy’s standard form wording contains a contractual liability exclusion. The exclusion is, on the one hand, often broadly worded. However, on the other hand, it contains exceptions which carve back the exclusion in scope. In particular, the clause often … Continued
Insights
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Insights list
Nervous Shock Claims – Developments In Duty Of Care
It goes without saying that a traumatic or distressing event can cause somebody great stress and anxiety, even if it did not cause them physical injury. Such an injury is described in the case law as “nervous shock”. Nervous shock claims result from mental or psychiatric injuries which are sustained by a plaintiff as a … Continued
by Jessica DiFederico Christian Breukelman Grace Murdoch
Contractual Liability Exclusions: How Far do they Reach?
Commercial operations by nature often involve contracts, whether written or verbal. The commercial general liability (“CGL”) policy’s standard form wording contains a contractual liability exclusion. The exclusion is, on the one hand, often broadly worded. However, on the other hand, it contains exceptions which carve back the exclusion in scope. In particular, the clause often … Continued
by Avi Sharabi
ONSC Provides Commentary on Standard of Care for Anatomic Pathologists in Cases of Delayed Diagnosis
By Michael Valdez Introduction The Ontario Superior Court of Justice’s April 2022 decision in The Estate of Mary Fleury et al v. Olayiwola A. Kassim[1] is a noteworthy one. Not only does it provide a modern case study of the application of the common law principles surrounding delayed diagnosis, but it also provides new guidance … Continued
When are Unincorporated Associations Subject to Judicial Scrutiny? The Supreme Court Provides Answers
by Jacinthe Boudreau and Beryl Meng Though courts have intervened in the affairs of not-for-profit corporations to ensure compliance with corporate statutes and by-laws, courts generally do not intervene in the affairs of voluntary associations which are not corporations. In a unanimous judgment, Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral v. Aga, 2021 … Continued
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
by Jessica DiFederico
A Great New Resource: Civil Procedure and Practice in Ontario
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
by Katherine Di Tomaso Christian Breukelman
Human Rights Tribunal Finds “Good Faith” COVID-19 Restrictions Can Still Be Discriminatory, Sets Benchmark Monetary Award.
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
by Grant Ferguson
Human Rights Tribunal Establishes Acceptable COVID-19 Accommodation Process and Requirements for Policies
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
by Grant Ferguson