Motor vehicle accident claims involve complex contractual and regulatory issues and may generate exposure for multiple insurance policies in certain circumstances. Ontario courts have held that automobile insurance policies form part of an “integral social safety net”[1] designed for consumer protection and guaranteed compensation for victims.[2] However, recent decisions from the Ontario Court of Appeal affirm that … Continued
Introduction Over the last several years the Ontario Court of Appeal has come out with several strongly worded decisions against providing partial summary judgment. Despite this, litigants continue to bring these motions, and thus far in 2019 are receiving a reasonable degree of success when proceeding under the right circumstances. This paper will review the … Continued
OVERVIEW The landscape of summary judgment has changed considerably since the “culture shift” imposed by the Supreme Court of Canada in Hryniak v. Mauldin[1] back in 2014. Very few decisions should prove to be as instructive as the Ontario Court of Appeal’s recent decision in Drummond v. Cadillac Fairview Corporation Limited.[2] In Drummond, the Ontario Court of Appeal … Continued
Introduction Insurers of those who serve alcohol continue to grapple with uncertain liability. Commercial host and social host liability are different but related lines of negligence law. Both involve an inquiry into a whether a duty of care was owed between the host and an injured party, who may or may not be a guest … Continued
Introduction Although the Limitations Act, 2002 (the “Act”) [1] has now been in force for almost 20 years, the manner in which it should be interpreted and applied continues to be refined by the courts. We will examine some recent trends in the case law, particularly on what it means to have “discovered” a claim and how … Continued
Insurance law’s treatment of innocent co-insureds has troubled courts for some time. Up until this year, an insurer in Ontario, and many other Canadian provinces and territories, could deny a claim for recovery by an innocent insured if the loss was caused by an intentional or criminal act of a person who was also insured … Continued
In 2018, the test to establish causation is clear. What remains unclear is how that test is to be translated into jury questions, and how the Court will assess the evidence to determine if a plaintiff has met that test. This paper will consider those current issues. The Test Care must also be taken to … Continued
INTRODUCTION Commencing claims for contribution and indemnity is a common and important part of the litigation process and can be essential to protect the interests of our clients. As such, it is important to recognise when such claims are available in law and when they are appropriate. Generally speaking, there are three situations wherein a claim … Continued
