Articles 2024

Lawyers need to practice what they preach and implement a succession plan that kicks in when they are no longer willing or able to continue in the profession.

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.

Jim Vigmond has been practicing personal injury litigation on behalf of plaintiffs for over 30 years. He is former president of the Ontario Trial Lawyers Association and the Simcoe County Law Association. Jim continues to be a leading figure of Ontario’s personal injury trial bar. At Oatley, Vigmond, Jim leads a team of lawyers and support staff with broad expertise in spinal cord, brain injury and serious orthopedic cases.

Matilda Lici of Aird and Berlis LLP discusses recent decisions from across Canada dealing with the appointment of representative counsel and the various factors that will inform a court’s exercise of discretion.

Spencer Jones of Lerners LLP summarizes a decision where the Ontario Court of Appeal considered the meaning of the term “debt or liability resulting from obtaining property or services by false pretences or fraudulent misrepresentation” and whether false statements made during a discovery in underlying litigation is included within this term.