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Occupiers Liability Claim leaves Hotel Mopped

December 8 2016 In the recent case of Brown v. Marriott, Ontario’s Superior Court provided further guidance on the obligation of occupiers to take reasonable…

Cannonball! FSCO confirms that using a truck as a diving platform is not an “accident”

April 6 2017 Director’s Delegate Evans recently released the appeal decision in Intact Insurance Company v. Roberts (FSCO Appeal PO16-00009). The claim arose…

Court slices and dices Occupier’s waiver of liability

January 27 2017 Can an occupier, who is also a "supplier" under the Consumer Protection Act, defeat an Occupiers Liability Act claim by relying on a liability waiver…

A Likely Result For Not Building With Like Kind And Quality

December 8 2016 The Ontario Court of Appeal clarified the concept of replacement cost property coverage in the recent decision of Carter v. Intact Insurance…

How to Possess a Great Dane

January 15 2017 Can the definition of “owner” under the Dog Owners’ Liability Act include someone who does not have dominion and control over the dog? The Court of…

But For… Everyone Else (Not Me!)

October 11 2017 In Sacks v. Ross, the Ontario Court of Appeal dealt with how to apply the causation test in medical negligence cases involving multiple tortfeasors…

Who Dunnit? Use the “But For” Test!

October 6 2017 In the FSCO Appeal Decision of State Farm and Sabadash (P16-00029), Director’s Delegate Evans conducts a thorough analysis of the key jurisprudence on…

Don’t Blame Me!

September 29 2017 In Osmond v Watkins, 2017 ONSC 5729 (CanLII), the defendant successfully brought a summary judgment motion against his contractor. The defendant…

LTD Insurers don't have to Advise Claimants of Limitation Periods when Denying Claims in Ontario

September 26 2017 In a recent decision, the Court of Appeal affirmed that while a Long Term Disability Insurer’s duty of good faith generally includes the duty to act…

2015 PJI and Higher Deductible Provisions Apply Retrospectively and more…

September 20 2017 The Court of Appeal released two decisions that hopefully put to bed the debate about the effect of legislative changes made in 2015. The court also…