Articles 2023

The Ontario Court of Appeal in Intact Insurance Company v Zurich Insurance Company Ltd. considered whether Intact Insurance could recoup money it paid beyond its policy limits from parties other than its own insured, by direct action, for the clean up of a chemical spill.

In November of the past year, the Ontario Court of Appeal (the court of appeal) released a trio of decisions that marked an important development in Ontario privacy law.

The Ontario civil justice system faces an unprecedented crisis. Our constitution mandates that criminal cases must be addressed within a particular timeframe. Family cases, which often feature child access and other time-sensitive issues, tend to have the next level of priority. This leaves civil lawsuits, including many personal injury lawsuits, to linger for years without resolution.

The detrimental consequences that result from failing to immediately disclose settlement agreements to non-settling parties.

The COVID-19 pandemic has left a scar upon numerous sectors in Canada, leaving many businesses reliant on their insurance coverage plans for the resulting business losses. 202135 Ontario Inc., et al v. Northbridge General Insurance, 2022 ONCA 304 appears to be the first COVID-relating coverage case to come before the Ontario Court of Appeal. In this case, the court considered how to interpret a limit of liability clause, ultimately finding in favor of the insured.

John A. Olah was called to the bar in 1975 and since then has litigated complex tort litigation matters, ranging from product liability cases to high-profile sporting matters. John is a recognized national and international expert, acting for resorts and hotels across Canada, the Caribbean and Mexico. John’s practice includes private international law cases, complex environmental law litigation as well as class action matters.

David F. Smye, Q.C. was called to the bar in 1972 after accelerating quickly through post-secondary education studying Economics and Political Science and obtaining a degree in Law in only five years. David’s pace remained swift while his legal career made a steep ascent to partner only one year after being called to the bar. David was a founding partner of Mackesy Smye in 1973 where he has continued to practice and lead the firm for nearly 50 years.

Richard Shekter graduated from Osgoode Hall Law School in 1973 as a Bronze Medallist. Following completion of his term of articles with Eddie Greenspan, Michael Moldaver and Alan Gold, he obtained an LL.M. from the University of California at Berkeley, summa cum laude, on a Laidlaw Foundation Scholarship, before being called to the bar in 1976. Richard served one year as law clerk to the Chief Justice of Ontario before entering private practice in 1977.

Todd J. McCarthy was called to the bar in 1989 and since that time he has continually dedicated himself to advocacy, primarily as defence counsel. Todd is an intrepid and passionate advocate. The complete body of his contribution to the development of the common law is impressive in terms of substantive complexity, breadth, volume and scope.

Keith Smockum has practiced exclusively in the area of insurance law since he was called to the bar in 1986. He began his career at Lawson McGrenere LLP, where he became partner, followed by managing partner in 1991. He started his current firm, Smockum Zarnett LLP, in 2008. Over the course of his career, Keith has earned a reputation as one of the best insurance litigators in this province.