SB Case Presentations
Welcome to the new Stieber Berlach Presentations. These Presentations will highlight materials presented by our lawyers at our client seminars as well at other speaking engagements and conferences. Please check back regularly for the latest news as we add to our Presentations.
Recovery for Pure Economic Loss: A Narrow Right of Recovery
by Iain Peck, Alanna Brogan | Oct 26, 2021
INTRODUCTION A ‘pure economic loss’ is a financial loss suffered by a person or corporation which is not accompanied by bodily injury or property damage. As a matter of common law, courts have historically limited recovery for pure economic losses to certain, defined, categories. The result was that smart plaintiff’s counsel would attemptRead More...
Insurance Potpourri: Survey of Recent Case Law
by Rovena Hajderi, Andrea LeDrew, Leigh Clark | Oct 26, 2021
Potpourri: an unusual or interesting mixture of things. - Cambridge Dictionary The last two years have certainly brought many new and interesting changes to the legal world, including some pertinent case law worth discussing. We have collected some compelling insurance cases covering a range of relevant topics. POLICY EXCLUSION CLAUSES TatarynRead More...
Contractual Duty of Good Faith: Judicial Krazy Glue?
by Kurt Pereira, Ejona Xega, Leigh Clark | Oct 26, 2021
In late 2020 and early 2021, the Supreme Court of Canada revisited the duty of good faith in contract in two hotly anticipated decisions. In this paper, we will review these important decisions and how they have been interpreted by lower courts before identifying the key takeaways from these updates. Bhasin v Hrynew: introducing the organizing principleRead More...
Anti-SLAPP Legislation: Is it Working?
by Linda Phillips-Smith, Nicola Brankley, Noah Eklove | Oct 26, 2021
A legal proceeding intending to silence a group or individual who speaks out on matters of public interest is known as a Strategic Lawsuit Against Public Participation (SLAPP). The purpose of a SLAPP is to silence critics with less financial resources by forcing them to spend time and money to defend baseless lawsuits.[1] Examples of SLAPPs may includeRead More...
Moving the Goal Posts: 2020 Developments in Sports and Recreation Liability
by Grant Ferguson, Laurie Graham | Oct 20, 2020
Sections 3(1) and 4(1) of the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 (“OLA”) import duties on occupiers to take some care to see that patrons are safe while on the premises. The duty is not absolute. In the case where s. 3(1) applies, the risk must be foreseeable by the “reasonable” system in place.[1] Under s. 4(1), the riskRead More...
All about the journey?: Circumstantial evidence and standard of care
by Elizabeth Bowker, Michael Connolly | Oct 20, 2020
It can be difficult for litigants and the Courts to figure out the complex relationship between the standard of care analysis and the nature of the injury or damage suffered by the plaintiff. There is no duty to “Be Perfect”: the standard of care analysis does not impose an absolute duty of perfection.[1] In cases of professional negligence,Read More...
Picking Policies: 2020 Update on Auto Coverage
by Sukhpal Dial, Katie Di Tomaso, Michael Connolly | Oct 20, 2020
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]Read More...
Double Duty: The equities of concurrent duties to defend
by Avi Sharabi, Michael Connolly | Oct 20, 2020
Claims made against defendants who are also contractual parties may give rise to concurrent coverage issues. For example, a defendant party may be named as an additional insured to the policy of a tenant, landlord, business partner, service provider, etc., who is also a co-defendant, in addition to maintaining their own insurance. This creates theRead More...
Update on Limitation Periods – Where have we been and where are we headed?
by Jessica DiFederico, Michael Cremasco | Oct 23, 2019
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 the application ofRead More...
Serving Alcohol: The Evolving Law
by Murray Stieber, Christopher Afonso | Oct 23, 2019
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 of the host. Generally, theRead More...
Evidence and Fairness in Summary Judgment: Drummond V. Cadillac Fairview
by Christian Breukelman | Oct 23, 2019
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,Read More...
Partial Summary Judgments: Cost Savers or Money Pits?
by Shadi Katirai | Oct 23, 2019
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 willRead More...
Protecting Innocent Co-Insureds in Ontario
by Iain Peck, Gaetana Campisi | Oct 19, 2018
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 under the policy. CourtsRead More...
2018 Causation Update
by Simon Clements | Oct 18, 2018
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 separate the articulation of the test, fromRead More...
Claims for Contribution and Indemnity: When? Who? Why?
by Frank Csathy, Lesley Albert | Oct 16, 2018
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 whereinRead More...
Update on Mental Distress Law: A Review of Nissen v. Durham Regional Police Services Board
by Jacinthe Boudreau | Oct 10, 2018
Is There a Need to Review Your Reserves? Introduction Since the decision of the Supreme Court in Mustapha in 2008, the law of “mental distress” has continued to evolve. As some of my colleagues addressed at the Stieber Berlach 2017 Insurance Law Update Seminar, the Supreme Court held in 2017, in Saadati, that a finding of a recognizedRead More...
Punitive Damages
by Murray Stieber, Andrea LeDrew, Christian Breukelman | Oct 24, 2017
Overview: An award of punitive damages[1] is an exceptional and relatively rare remedy available to plaintiffs in civil proceedings. As suggested by its name, such an award is punitive as opposed to compensatory by nature, straddling the frontier between civil and criminal law. This paper will provide an overview of the legal framework underlyingRead More...
Down But Not Out: An Update on Social Host Liability
by Emily R. McKernan | Oct 17, 2017
More than a decade ago, the Supreme Court of Canada released the decision of Childs v. Desormeaux[1] in which the Court considered for the first time whether hosts of parties where alcohol is served (i.e. social host cases) owe a duty of care to public users of highways who are injured when an intoxicated guest drives after the leaving the party.Read More...
Carter V. Intact: Replacement Property Must Be of Like Kind and Quality
by Alanna Brogan | Oct 16, 2017
When is a property owner entitled to replacement cost coverage? What qualifies as a replacement building? This paper will provide you with what the Ontario Court of Appeal has to say on these issues, as recently addressed in its decision Carter v. Intact Insurance Co.[1]. A Primer on the Basis of Valuation in a Property Policy Property insuranceRead More...
Timeliness of Appraisals: How Late is Too Late?
by Nicola Brankley | Oct 16, 2017
1. OVERVIEW The appraisal process is an effective and efficient way to quantify a disputed claim under a policy of insurance. It provides an out-of-court mechanism through which qualified individuals can assess and measure the monetary value of a loss. While the commencement of a civil action does not itself preclude the right to trigger the appraisalRead More...
The Supreme Court of Canada’s Decision in Saadati v. Moorehead
by Jessica DiFederico | Oct 10, 2017
Overview In Saadati v. Moorehead, the Supreme Court of Canada considered the issue of whether evidence of a “recognizable psychiatric illness” is required to recover for mental injury. Before the Supreme Court’s decision in Saadati, lower courts required that plaintiffs show a recognizable psychiatric illness to recover for mental injury,Read More...
From Katrina to Fort McMurray: The Post-Disaster Economy and Business Interruption Coverage
by Emily Stock, Steven Stieber | Oct 25, 2016
ABSTRACT How should business interruption valuation clauses be interpreted when a catastrophic event has impacted the business' surrounding economy? Should it be based on historical data only? Cases in the United States have applied the valuation clauses inconsistently, which causes uncertainty and ultimately is to the detriment of both the insurersRead More...
Whose Risk Is It Anyway – Part One
by Grant Ferguson | Oct 25, 2016
INTRODUCTION The two biggest questions for which we, as defence lawyers, are engaged are: “what is the liability” and “what are the damages”. Every case management or litigation plan is structured around these two questions. There are strategic assessments of them, separate spreadsheets to assess their intertwining influence, and budgetsRead More...
Whose Risk Is It Anyway? – Part Two
by Kurt Pereira | Oct 20, 2016
A Further Discussion of Hold Harmless Agreements and Indemnity Provisions BRIEF INTRODUCTION The second portion of this paper discusses a number of decisions interpreting contractual hold harmless and indemnity provisions. The cases below are motion and application decisions, which primarily arise out of disputes between defendant propertyRead More...
Developments in Relief From Forfeiture
by Murray Stieber, Caroline Gronke | Oct 19, 2016
NO HARM, NO FOUL: DEVELOPMENTS IN RELIEF FROM FORFEITURE By Murray Stieber and Caroline Gronke OVERVIEW Relief from forfeiture refers to the power of the court to protect a person against the loss of an interest or a right because of a failure to perform a covenant or condition in an agreement or contract. While the doctrine of reliefRead More...
A Great New Resource: Civil Procedure and Practice in Ontario
Human Rights Tribunal Establishes Acceptable COVID-19 Accommodation Process and Requirements for Policies
Human Rights Tribunal Finds “Good Faith” COVID-19 Restrictions Can Still Be Discriminatory, Sets Benchmark Monetary Award.
Appeal Board Upholds Defence of Jurisdiction for Professionals in Non-Therapeutic Roles.
No compensation without causation in a breach of fiduciary duty claim