Articles 2021

So-called “long-tail claims”, i.e. claims where the alleged damage spans a number of years, pose various coverage challenges for insurers and policyholders. On February 27, 2024, the Ontario Court of Appeal released its decision in Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145 (CanLII) (“Loblaw”), where it tried to bring some clarity to some of the material coverage issues that arise with these types of claims.

What is a corporation’s obligations when a unit owner complains about noise from another unit owner?

Legal arguments over the meaning of a single term may seem like little more than semantic squabbles to those unfamiliar with insurance law. However, small interpretative disputes are often at the center of high-value insurance claims. The analysis of these disputes frequently determines whether the case ends in a big payout, or with a justifiably denied claim.

The article discusses the Supreme Court of Canada's recent decision in Reference re An Act respecting First Nations, Inuit and Métis children, youth and families.

In this article, Gosha Sekhon highlights takeaways from the Family Dynamics plenary of the OBA’s 2024 Ontario Legal Conference, reminding us to get context around a client’s instructions, that experiencing the death of a family member can be a form of trauma, that all human beings see the world through their own unique lens and being a lawyer does not change that, and more.

On February 2, 2024, the Supreme Court of Canada ruled that Ontario Premier Doug Ford’s mandate letters issued to his cabinet ministers in 2018 are exempt from public disclosure.

On January 17, 2024, the OBA’s Trust and Estates section hosted a panel of experts to discuss testamentary charitable giving. In this article, Rami Aziz discusses this program, starting with a discussion of gifts in kind and the importance of adequately investigating a testator’s assets, and then moving on to discuss strategies for drafting lawyers to minimize risk and considerations when the intention is for donations to be made after death.

In January 2024, the Electrification and Energy Transition Panel released a much-anticipated report titled Ontario's Clean Energy Opportunity, outlining 29 recommendations for Ontario to manage and prosper in the clean energy transition path successfully.