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Blaney’s appeals: Ontario Court of Appeal Summaries (January 14 - 18, 2019)
  • Blaney McMurtry LLP
  • Canada
  • January 18 2019

Following are our summaries of the civil decisions of the Court of Appeal for Ontario this past week. The Court released a number of decisions this

This week at the SCC
  • McCarthy Tétrault LLP
  • Canada
  • December 9 2012

The Supreme Court of Canada released one decision this week of interest to Canadian businesses and professions.

Liability where cause of a product defect is unclear
  • Gowling WLG
  • Canada
  • October 4 2011

In the recent decision of Muskoka Fuels v. Hassan Steel Fabricators Ltd., the Ontario Court of Appeal addressed the issue of liability, under the provincial Sale of Goods Act where a product had failed but no party (or expert) could explain why.

Savage v. Belecque
  • Harper Grey LLP
  • Canada
  • July 26 2011

The Belecques, as plaintiffs in a coverage action, were successful in obtaining a declaration that their insurer ("Allstate") was obliged to defend them under an automobile policy and to defend Gilles Belecque under a homeowners policy with respect to claims arising from a motor vehicle accident.

Alberta v Elder Advocates of Alberta Society
  • WeirFoulds LLP
  • Canada
  • May 18 2011

In this unanimous decision of the Supreme Court of Canada, the court determined that there is no fiduciary duty owed by the government to the plaintiffs.

Insurer's duty to defend: policy and pleadings over principles
  • Gowling WLG
  • Canada
  • April 14 2011

Progressive Homes Ltd. ("Progressive") was hired as a general contractor to build four housing complexes for the British Columbia Housing Management Commission (“BC Housing”).

Progressive Homes v. Lombard General Insurance Company of Canada
  • Borden Ladner Gervais LLP
  • Canada
  • April 5 2011

The Supreme Court of Canada’s decision in Progressive Homes v. Lombard General Insurance Company of Canada (September, 2010), now represents the leading decision on the issues of “property damage”, “occurrence” or “accident”, and the scope of work performed exclusions in commercial general liability (CGL) policies.

Berendsen appeal to Supreme Court discontinued
  • Osler Hoskin & Harcourt LLP
  • Canada
  • February 7 2011

The Supreme Court of Canada website has recently posted that the Berendsen appeal (from the Ontario Court of Appeal) has been discontinued.

Gauthier v. Saint-Germain: a forthcoming lesson from the Supreme Court of Canada on educational malpractice?
  • McMillan LLP
  • Canada
  • January 21 2011

Canadian courts have traditionally been reluctant to wade into disputes between schools and their students, deferring academic matters to internal school procedures.

Ontario Court of Appeal closes door on claims of “negligent infliction of mental suffering”
  • Borden Ladner Gervais LLP
  • Canada
  • October 26 2010

The Ontario Court of Appeal has ruled that the tort of "negligent infliction of mental suffering" is not available in the employment context.