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In Memoriam: Caroline Meyer Riley
It is with profound sadness and heavy hearts that we announce the passing of our esteemed colleague and dear friend, Caroline Meyer Riley. Caroline’s departure on July 13, 2023, has left us deeply saddened, as we mourn the loss of an extraordinary legal professional and a cherished member of our law firm family.
ONCA Clarifies that Business Interruption Losses are Not an Insured Loss
The Ontario Court of Appeal has upheld the Superior Court Decision in Workman yet again confirming business interruption losses relating to COVID-19 are not insured losses.
ONCA clarifies psychological damages from a products liability perspective
In this Court of Appeal case, an appeal by representative plaintiffs was rejected where the plaintiffs sought certification of a proposed product liability class action. This is a significant outcome for all those involved with products liability actions.
The Future is Nigh: The Enactment of the Autonomous Vehicle Act
The Autonomous Vehicle Act is here and its the first of its kind. Read on to see what the future holds.
If they don’t remit, the HST’s not legit
In 2019 the legislature amended the SABS to confirm that the med/rehab limits are exclusive of HST. But when exactly is HST payable in accident benefits claims?
A Worker in an Executive’s Clothing
Does the Executive Officer Exception under the WSIA apply to every Executive Officer?
ONCA Confirms Business Interruption Losses are Not Insured Losses
The Ontario Court of Appeal has confirmed that business interruption losses relating to COVID-19 are not insured losses.
Priority Disputes 101: The Final Frontier
When a priority dispute doesn’t resolve in the normal course, the parties submit the issues to a private arbitrator. Oh …. there is also another notice provision that we haven’t discussed yet!
Business Interruption Losses: COVID-19 is Not an Insured Loss
COVID-19 may be a distant memory to some, but pandemic related litigation continues to filter through the court system. In Workman, the Ontario Superior Court of Justice recently examined an insured’s ability to recover revenue relating to the pandemic.
Expert Reports: Not great to be late
The timing of service of expert reports in litigation is crucial both tactically and per the rules. Lamothe v. Sudbury Trail Plan Association is a refresher on the key points to consider when serving expert reports.
Material Change in Risk – A Warning for Insurers
An insurer considering coverage denial for material change in risk must review all facts and have a strong factual basis required to meet test for “material” change.