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Anatomy of a Trial 2024: Mastering the Art of Trial Advocacy with Storytelling and Innovation
Anatomy of a Trial 2024 not only allowed participants to fulfill all of their annual Law Society of Ontario’s Continuing Professional Development (CPD) hours but also equipped them with essential skills for modern trial practice. This year’s theme emphasized the pivotal role that narrative plays in effectively communicating a client’s case to the decision-makers at trial. The enthusiasm generated by Anatomy of a Trial 2024 sets high expectations for next year’s program.
Learn moreKayla Sager | October 16, 2024
The decision in Stewart v. Bay of Quinte Mutual Insurance Co. provides insights into the responsibilities of insurers, particularly in assessing the value of lost property and managing risks. As well, the decision highlights the discretion held by courts in allocating value to lost property, and the underlying public policy considerations in insurance contracts.
Learn moreDoes a Self-Insured Retention (“SIR”) Affect a Request for Defence by an Additional Insured?
The Ontario Court of Appeal’s decision in Live Nation Ontario Concerts GP, Inc. v. Aviva Insurance Company of Canada, 2024 ONCA 634 (CanLII) (“Live Nation v. Aviva”) demonstrates that the concepts of risk allocation and equitable contribution are different. Assuming the risk of a certain amount of defence costs via an SIR does not turn an insured into an insurer. The concept of equitable contribution is a remedy between insurers and ought not to be applied between an insurer and an insured.
Learn moreCERB/CRB Deductibility in a Motor Vehicle Accident and Double Recovery
Sudevi Mukherjee-Gothi | October 04, 2024
As defence counsel, we are always dealing with what can be deducted from any settlement and award and the recent decision of the Ontario Superior Court provides some direction on the deductibility of the Canada Emergency Response Benefit (CERB) and the Canada Recovery Benefit (CRB) in a motor vehicle accident.
Learn moreYou Should Have Told Us You Wanted That Kind of Coverage: What does your insurance broker owe you?
Jordan Kazan Baigrie, Pallett Valo LLP Lawyer | October 04, 2024
In Ontario civil litigation, actions concerning coverage disputes and uninsurable losses can dominate the legal landscape, specifically concerning the interpretation of the duties and obligations of an insurance broker. It is critical for both insureds (individuals or companies with insurance policies) and brokers to understand the specific duties and obligations that are required in a customer-broker relationship.
Learn morePassed Inspection: The View of the Canadian Courts on Municipal Liability
Y. Korany & K. Kwinter | September 06, 2024
This article presents an overview of the powers and duties of municipalities under the Building Code Act and the Ontario Building Code, provides examples of where municipalities can be vulnerable to liability, and discusses the view of the Canadian Courts on municipal liability.
Learn moreSCC Split Rules Owners Liable as Employers under the Occupational Health and Safety Act
Felisia Milana of Stieber Berlach | August 22, 2024
Municipalities are being kept on their toes with the recent Supreme Court of Canada (“SCC”) decision in R v Greater Sudbury (City). The SCC held that owners of a construction project fall within the definition of an “employer” under the Occupation Health and Safety Act (“OHSA”) and are subject to the required duties and liabilities of an employer. Moving forward, municipalities will have a difficult time insulating themselves from liability under the OHSA when contracting out services.
Learn moreCaroline Swiderski | July 23, 2024
It is expected that prior to any elective treatment, a physician owes a duty to the patient to provide adequate disclosure of risks. This duty has been expanded over the years to include all advising doctors, even if they are not involved in the treatment directly. It has also been expanded to include “disclosing the nature of the proposed treatment and any material, special, or unusual risks of the treatment." The Ontario Court of Appeal recently applied these duties of care.
Learn moreDimitris Logothetis | July 23, 2024
It is a trite law of human nature that honesty is the best policy. And it is trite law, as in the actual law, that this is especially true for parties entering insurance agreements. In Davies v. AIG Insurance Company of Canada, 2024 ONCA 509, the Ontario Court of Appeal reversed a decision regarding an insurance coverage determination.
Learn moreMichael A. Valdez | June 18, 2024
The issue of whether an intentional action can be properly framed in negligence dates back to the seminal case of Non-Marine Underwriters, Lloyd’s of London v. Scalera. Since then, the courts have repeatedly proclaimed that such attempts are futile. However, this has not stopped counsel from attempting to disguise intentional torts as negligence within their pleadings.
Learn moreLAT Rules & Practice Direction
Sandeep Johal, Acting Associate Chair, Licence Appeal Tribunal | June 04, 2024
Information about two developments at the LAT pertaining to a Preliminary Issue Hearings Practice Direction for AABS matters and the updating of Rule 13 of the Licence Appeal Tribunal Rules, 2023.
Learn moreCase Comment: Miceli v. TD General Insurance Company, 2024
Domenic Nicassio, Beneva Lawyers | June 03, 2024
Where claimants are injured by hot liquids or coffee while inside an automobile, an application for accident benefits was subject to a preliminary motion to determine if an “accident” occurred pursuant to s.3(1) of the SABS.
Learn moreSCC: Limited Statutory Rights of Appeal Do Not Preclude Judicial Review for Unaddressed Questions
Michael A. Valdez, Stieber Berlach LLP | April 05, 2024
The recent decision of Yatar v. TD Insurance Meloche Monnex brings a much-needed addition to the caselaw pertaining to the proper approach for judicial review of administrative decisions. While a court does have discretion to hear an application for judicial review and decide issues on the merits, including whether to deny relief, this discretion does not extend to declining consideration of the application for judicial review altogether.
Learn moreFailed Third Party Claim Against Disability Insurer
Tracey L. Hamilton | March 27, 2024
Third party claims are intricately connected to allegations pleaded in the statement of claim. When a plaintiff does not claim damages from anyone other than the defendant, the defendant cannot pursue a claim for contribution and indemnity. An employer may find themselves unable to pursue a third party claim against a disability benefits provider when the plaintiff seeks recovery for disability benefits in the context of a wrongful termination action.
Learn moreCourt of Appeal Rejects All Sums Approach to Long-Tail Claims
Murray Stieber and Avi Sharabi | March 06, 2024
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.
Learn moreDuelling Definitions: The Meaning of the Term “Law” in Insurance Policy Interpretation
Michael A. Valdez, Stieber Berlach LLP | February 29, 2024
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.
Learn moreKatherine Di Tomaso, Avi Sharabi, Linette KingStieber Berlach LLP | January 24, 2024
Insurers should pay careful attention to the recent Ontario Court of Appeal decision in Baker v. Blue Cross Insurance Company of Canada which upheld a significant jury verdict in the amount of $1,500,000 in punitive damages and approximately another $1,000,000 in full indemnity fees and disbursements against the long-term disability benefits insurer. This article provides a discussion of the insurance dispute and key takeaways for insurers and litigants engaged in insurance claims disputes.
Learn moreMichael A. Valdez, Stieber Berlach LLP | December 12, 2023
In Pridmore v. Drenth 2023 ONCA 606, the Ontario Court of Appeal illuminates the complex issue of whether the mistaken belief that a highway is a road will operate to vitiate third-party insurance coverage. The Court of Appeal provides insight into when courts will allow relief from forfeiture.
Learn moreCOVID-19 Fails to Constitute “Direct Physical Loss or Damage” at Court of Appeal
Thomas Russell | November 30, 2023
As the world struggles to recover from the effects of the COVID-19 pandemic, one question that has been gaining some attention in the world of insurance is: in what circumstances did COVID-19 trigger coverage for business interruption under property policies? A Review of the 2023 Ontario Court of Appeal Decision in SIR Corp. v. Aviva Insurance Company of Canada.
Learn moreEthical Requirements and Practical Tips for Litigating with Self-Represented Parties
Katherine T. Di Tomaso | November 14, 2023
Representing a client in litigation where there is a self-represented party can be challenging for lawyers. Generally, the self-represented party does not have the awareness or understanding of substantive and procedural law that a lawyer has, which can lead to protracted proceedings and additional legal fees spent.
Learn moreMichael A. Valdez, Stieber Berlach LLP | October 05, 2023
In the recent decision of Musa v. Carleton Condominium Corporation No. 255, the Ontario Court of Appeal offers clear guidance as to how long a winter maintenance contractor can wait before it must apply salt to an area, a problem which has long plagued both plaintiff and defence lawyers alike.
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