New@SBA.
No Substance No Judgment
The plaintiff’s claim relates to a slip and fall that occurred, in a washroom, at Casino Rama on February 16, 2015. The plaintiff did not notice that the floor was wet, as she entered the washroom, but admitted she did notice a custodian and a...
Election 2018: Making an Informed Choice (of insurer)
A priority dispute between Wawanesa, Northbridge and Allstate arose following the death of an insured truck driver. The truck driver had a policy of insurance on his personal vehicle (Allstate) and a policy of insurance on his work truck...
Slide At Your Own Risk
The Ontario Court of Appeal’s recent decision in Martin v. Barrie (City) reaffirms that, in occupiers’ liability cases, the applicable standard is not one of perfection, but of reasonableness. This appeal arose from an incident occurring in...
Sometimes a watch is just a cellphone
Apple watch leads to distracting driving conviction. A recent Ontario Court of Justice case brings to light a new distracted driving concern – Apple wrist watches. Ms. Ambrose was convicted of “drive hand-held communication device” – really,...
I Knew You Were Trouble When You Walked In – The GDPR
It takes little effort to identify the international behemoth that was recently scrutinized for disclosing its users’ personal data (*cough* Facebook *cough*). As of today, many business, big and small, have the potential to be vilified and fined...
![When You Point a [SJ Motion] Finger, Three Point Back At You](https://sbalawyers.ca/wp-content/uploads/2019/09/Shalini_Thomas.jpg)
When You Point a [SJ Motion] Finger, Three Point Back At You
In January 2012, the plaintiff was walking along the sidewalk in front of a newly built home when she allegedly tripped over the bottom of a construction fence that was covered in snow and fell into a depression in the road next to the sidewalk,...
Trust Me, I’m a Professional: Divisional Court Upholds LAT Ruling
In the recent decision of Helmer v. Belairdirect Insurance Company, the Divisional Court dismissed the appeal a LAT adjudicator’s decision addressing the contentious issue of when professional service providers provide care “but for the accident”...
Relief from Fur-feiture – Fraud versus Wilful Misrepresentation
On May 9, the Ontario Superior Court released a decision which reminds us of three important lessons: A court will allow juries to use their common sense to make decisions; Telling your insurer you had a fur coat when you didn’t will probably be...
C’mon Join the Joyride
Risk of personal injury after vehicle stolen by two minors from commercial garage found not to be reasonably foreseeable. The Supreme Court of Canada has weighed in on the duty of care owed by a business that stores vehicles to someone who is...
Choose Wisely: LTD Insurer Entitled to WSIB Offset Despite Tort Election
In a recent decision, of Wilken v. Sunlife, the Ontario Court of Appeal has confirmed that a long-term disability insurer is entitled to enforce the wording of the policy where a participant’s action or inaction would adversely vary an insurer’s...