Articles 2023

Do laches and acquiescence have any application to claims governed by the Limitations Act 2002?

In the past few months, there has been much activity within the regions and it seems like the fall will bring many interesting CPD programs.

Traditionally, the insurer and defence counsel contest care costs items on the basis that the item being sought is either not needed to the extent asserted, is unreasonable, or the market rates are much lower. On occasion, however, the insurer will go beyond these legitimate arguments and seek to reduce their exposure by relying on social welfare programs.

Miscellany: Quotes from the Court

Case Name: Luffman et al. v. Boucher et al., Ontario Superior Court of Justice (Timmins), Justice R. Riopelle

US retail giant, Target Inc. was recently hacked, with approximately 40 million credit and debit card information stolen. Several lawsuits against Target Inc., two of which are seeking class action certification, have been commenced seeking damages for failure to protect its customer data.

In Bruinsma v. Cresswell, the Ontario Court of Appeal had the opportunity to consider the interplay between the Statutory Conditions in the Insurance Act and Uninsured Automobile Coverage. This article outlines the Court's decision as to which will trump when there is an apparent conflict.