New@SBA.
It was Obvious!
This case involves an accident at QK Fitness (“QK”) when the plaintiff, Fatemeh Hosseinkhani (the “plaintiff”), tripped and fell on a dumbbell during a gym class. She sued QK for negligence. QK successfully brought a motion for summary judgment...
LTD Denials – When Does the 2-Yr Limitation Period Start?
Limitation periods continue to be a hot topic in the context of disability benefits. A recently released Divisional Court decision seems to have shed a little light on this matter. In Western Life Assurance Company v. Penttila, the insurer brought...
How Do You Like Them Apples?
The Ontario Court of Appeal concurrently released two eagerly awaited decisions that speak to the interplay between tort damage awards and statutory accident benefits (SABs) under s. 267.8 of the Insurance Act in motor vehicle accident personal...
A Tale of Two Brothers & The Ceeps
The Defendant, Ceeps-Barneys Limited (“the Ceeps”), is a popular pub / sports bar beloved by students of Western University (past and present). In this matter, the Ceeps brought a motion for summary judgment for a dismissal of the plaintiffs’...
Signed, Sealed, Delivered – But is it Enforceable?
In Swampillai v. Royal & Sun Alliance Insurance Company of Canada, the Court dealt with the enforceability of a full and final release executed by the Plaintiff. A claim was commenced for long term disability (“LTD”) benefits. The action named the...
The Duty to Defend: Pleadings, Pleadings, Pleadings!
An application was brought under rule 14.05(3)(d) of the Rules of Civil Procedure to determine rights that depend on contract interpretation. The applicant was National Gallery of Canada (“National Gallery”) and the respondents Lafleur de la...
The Thin Yellow Line: Are Remedial Steps Determinative?
The Supreme Court of British Columbia granted the City its motion for summary judgment in an action commenced by an elderly Plaintiff who sustained a slip and fall injury. In Sapia v Invermere (District), the Plaintiff was an 82 year old woman who...
The Subrogator Strikes Back
Insurer Permitted to Subrogate Despite Builders’ Risk Policy Builders’ risk policies have historically been given broad interpretation, extending coverage to all parties involved in a construction project. When property damage arises, the insurer...
Payback Time: Property Insurer Entitled to Repayment
The recent Ontario Court of Appeal decision of Gore Mutual insurance Company v. Carlin confirms that contracts of indemnity are meant to indemnify an actual loss and not provide a windfall. The facts, surprisingly, are straight forward. The...
Mind the Gap: Walk Backwards At Your Own Risk
This action was brought against the Village of Kaslo (B.C.) by a plaintiff who sustained damages after falling down an embankment off Water Street (an unpaved alleyway). The Village had erected concrete barriers at the mouth of the street/alley in...
Dude, Where’s My Cargo?
The matter of Rosen Express v. Northbridge is yet another case of stolen cargo for which Rosen sought coverage. The case underlines for insurers that courts will often take a broad approach to coverage and they must provide supporting evidence when...
Distracted – Does it rise to the level of Impaired Driving?
The Supreme Court of Canada recently considered whether an individual can be impaired by reason of distracted driving in R. v. Suter. While the primary issue was the appropriate length of sentence for the criminal conviction, it also dealt with the...