Articles 2023

Following are this week’s summaries of the Court of Appeal for Ontario. In Thistle v Schumilias, an insurer refused to pay out on a life insurance policy on the basis that the insured had failed to disclose a pre-existing medical condition. The respondent commenced an action against the insurance company and during that litigation became aware of the potential professional negligence of the insurance agent who sold the policy.

The Cheshire Cat in Lewis Carroll’s “Alice in Wonderland” was famed for its mischievous grin, which lingered even after the body was gone. Perhaps Carroll was, anachronistically, inspired by that procurement law concept in Canada known as “Contract A” whose reason for being has long since vanished, but whose mischievous, if fading, form still exists in our public procurement law and practice.

Top tips for preparing law practices for disaster and developing disaster plans.

The single most significant step a lawyer can take in serving the aboriginal community is to avoid assumption making. Particularly in aboriginal rights litigation, lawyers need to be mindful that each segment or individual in a community will have a story to tell much of which will be quite relevant. In this article, Chief Kelly Larocca, of the Mississaugas of Scugog Island First Nation, discusses considerations for practitioners when it comes to understanding cultural sensitivities.

This article provides a brief primer on some of the employment and labour law issues that come into consideration when a company is involved in insolvency proceedings.

This article provides an overview of the Wage Earner Protection Program Act ("WEPPA").

Following are our summaries of the Court of Appeal for Ontario released during the week of January 27. The theme of the week was real property and condominiums.