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Privacy Class Action Collapses in the Absence of Commonality
In Kaplan v. Casino Rama, released May 7, 2019, Justice Belobaba dismissed the plaintiffs’ motion to certify a class action arising from the 2016 cyber-attack on Casino Rama. Background In November 2016 Casino Rama’s computer system was hacked and...
ONCA Upholds Video Voyeur Verdict
The recent decision by the Court of Appeal in clarifies the developing concept of individuals’ privacy rights. The appellant was in a long distance romantic relationship with the complainant. During their relationship, the parties engaged in an...
Fiona and Dan ranked in 2019 CDN Lexpert Directory
SBA congratulates Fiona Brown and Dan Strigberger for ranking in the 2019 Canadian Legal Lexpert Directory. Fiona and Dan are both ranked in the Litigation - Commercial Insurance category. Dan is also ranked in the Personal Injury - Represents...
An Era of Conscious Data Use – And Facebook’s Lack Thereof
After implementing stricter privacy laws in 2018, Canada has joined a number of countries with a shifting mentality regarding privacy rights. Individuals are becoming more aware of the information they are disclosing. Users of applications and...
Walking a Fine Line – Bill of Lading Stomps Liability for Cargo Theft
The Federal Court recently released the decision of Black & White Merchandising Co. Ltd. v. Deltrans International Shipping Corporation. The case involved the transportation and theft of over 8000 pairs of children's shoes. While the decision...
No Void Ab Initio for Auto
Can an Ontario insurer treat an automobile policy as being void ab initio and deny a claim in its entirety as a result? The Court of Appeal for Ontario says “no”. Merino v. Intact involved a pedestrian who was catastrophically injured when she was...
How much Risk does a Builder’s Risk Risk?
When a builder negligently repairs a school’s gymnasium roof, which causes rain to spill into the gym and damage the wooden floor below, does the builder’s All Risk Builder’s policy cover the damage to the floor? Pre-Eng v. Intact involved a...
No Skirting of Responsibility
While at the Bramalea City Centre Mall with her mom and siblings, the plaintiff (a minor) fell backwards on an upward moving escalator. Unfortunately, her left hand got stuck in the step-to-skirt gap of the escalator resulting in a severing of her...
Too Good to be True? May be your Wilful Blindness
The Facts This sordid tale begins with an employee going rogue with a company credit card. The Defendant Fung began purchasing iPhones and iPads from the Defendant Minetto in November 2011. The first transaction was seemingly innocent. The two met...
When is Your Mom Your Landlord?
The recent decision of Traders General Insurance Company v. Elizabeth Gibson asked the question, “Am I my [mother]’s keeper?” in the context of coverage for third party bodily injury claims under a homeowner policy. In this case, the answer was...