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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.
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.
Coffees, Cars, and Cautious Causation
In 2021, Mr. Rathbone was stopped at a drive-thru window to pick-up coffee. He was able to transfer the first coffee without issue. However, as he was transferring the second, the lid came off the upper brim, spilling coffee onto his lap. He reacted and dropped the remainder of the coffee resulting in injuries to his lap and groin.
Not Involved? CAT Impairments Still Possible
In a recent decision, the Divisional Court ruled that the Appellant, Naomi Kellerman-Bernard, was eligible to make a claim for catastrophic impairment designation, despite not being personally involved in the accident herself.
ONCA Revisits Mental Health Injuries
The recent Ontario Court of Appeal decision in Bothwell v. London Health Sciences Centre, 2023 ONCA 323 revisited what is necessary for a plaintiff to prove in order to be successful in a mental injury action. Specifically, the Court addressed whether feelings of anger, sadness and frustration, without more, result in a compensable mental injury.
Live Nation v Aviva: A Landmark Insurance Defence Case
Shocking Verdict Revealed in Live Nation v Aviva Insurance Battle – The Inside Scoop on the Game-Changing Landmark Case!
Commensurate Post-104 Week Employment Not a SABS Requirement
The Div Crt has ruled that the SABS post-104 “complete inability” test analysis of other suitable alternative employment does not require employment in a competitive, real-world setting, or employment which is comparable in terms of status and wages.
Intent is a state of mind. Or is it?
The insured stabbed a man while in the midst of a psychiatric episode. Find out why he was not entitled to a defence under his homeowners insurance policy.