New@SBA.
Mediation: What’s It Gonna Cost You?
The plaintiff was successful in his lawsuit against a speedway for injuries sustained while moving out of the way of a stock race car that came off its track. At the end of the seven-day trial in Belleville, the parties could not agree on costs. In…
Down for the Count: Notice of Termination Starts the Limitations Clock
Two recent decisions from Ontario highlight that unlike fine wine, wrongful dismissal claims do not get better with age. The Superior Court decision of Kennedy v. RBC, and the Court of Appeal decision of Bailey v. Milo-Food & Agricultural…
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
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…