New@SBA.
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...
Granny Smiths to Honey Crisps: Auto Defendant Entitled to Assignment of LTD Benefits
The recent Superior Court decision of Nemchin v. Green by Corthorn J. is a significant win for auto insurers dealing with the deductibility of collateral benefits from large future loss of income awards. The plaintiff was injured in a motor vehicle...
Hospital Hi-jinks: Insurer’s Duty to Defend Extended to Nosy Nurse
Following the creation of the tort of intrusion upon seclusion in 2012, we have seen numerous cases that have clarified the application of same. In the most recent pronouncement, Oliveira v. Aviva Canada Inc., the Court of Appeal dealt with whether...
New Case: ON Coverage laws limited if MVA in BC
On April 10, 2018, the Divisional Court released an important decision regarding ATV incidents outside of Ontario. Specifically, in Benson v. Belair Insurance Co. Inc., the Divisional Court considered whether the Claimant was entitled to statutory...