Articles

This article discusses the OBA's CPD program on Ethics and Civility featuring speakers Joseph Groia, W.A. Derry Millar, Justice Michael Tulloch, Prof. Constance Backhouse, Prof. David Lepofsky, William S. Chalmer, Alfred Kwinter, and Ian Hu. The speakers tackled contentious issues on civility and professionalism facing litigators.

Since the Supreme Court decision in Hryniak v Maulden, a number of summary judgment motions have come before the courts. However, the recent decision in Anjum v Doe (2016 ONSC 7784) is one of the few decisions that truly follows the Hryniak process as envisioned by Justice Karakatsanis in her ground breaking decision. Jim discusses whether the Anjum decision fulfilled the Hryniak promise to alleviate protracted cost and delay associated with civil trials in Canada.

This particular LAT decision suggests that if applicants do not medically qualify for an IRB, they can still apply for NEB, if not given the option to elect, thus requiring insurers to send out election forms for every claim where IRB may be payable to preclude applicants from claiming both NEB and IRB.

Counsel who act in matters that may be funded by litigation loans will want to be aware of the June 22, 2016 decision of Justice Sloan in this case, in which a litigation lender was found to have breached the Consumer Protection Act, and accordingly was only permitted to recover 5% per annum simple interest, as opposed to the 19.5% to 24% interest compounded monthly that had been set forth in the lending agreements.

Another successful term for the Insurance Law Section draws to a close, and we welcome our incoming chair, Amanda McBride.

As of January, 2016, there is a conflict of judicial opinion about whether the two-year limitation period in section 18 runs from the date of service of the claim, unaffected by discoverability.

Weather Attribution is a broad term encapsulating many scientific disciplines that seek to ultimately link climate change to specific weather events. As a scientific field, it is rarely seen within litigation matters, but it has manifested itself in the insurance industry, as insurers have found utility in this science for several years now, when dealing with issues related to weather events.

Two cases decided within the last year have confirmed that an insurer that adds itself as a Third Party pursuant to Section 258 (14) of the Insurance Act (the off-coverage insurer) is required to answer questions and disclose information in relation to the insurer’s off-coverage position.

When an organized liquor-filled party takes place on a bus, does responsibility rest on the “party” or on the “bus”?

We are pleased to announce that John A. McLeish, Co-Founder, McLeish Orlando LLP, is a winner of the 2016 OBA Award for Excellence in Insurance Law.