New@SBA.
Unlocking Arbitration Power with the Help of the Court
Unlock a new power with the Court – the Superior Court in Royal and SunAlliance Insurance v. Ontario Provincial Police agreed to order productions from non-parties in the context of a priority arbitration.
Swerving Blame in Emergency Situations
What standard is expected of a driver confronted with an emergency situation? ONCA upholds a summary judgment motion ruling that a reactive driver was not negligent.
Til Death (or Divorce) Do Them Part
How Previously Married Claimants are Treated in the Context of Priority Disputes – the First of our Three-Part Series Dealing with the Definition of “Spouse” in the Insurance Act.
End the Unpleasantness….Summarily
A Quick Guide to Dismissing Frivolous Human Rights Complaints Brought Against Condo Boards and Property Managers.
CERB / CRB is Deductible from a Past Loss of Income Award
The debate is over. The Ontario Superior Court of Justice confirms that any Canada Emergency Response Benefit (CERB) and/or Canada Recovery Benefit (CRB) received by a plaintiff is deductible pursuant to s. 267.8(1)2 of the Insurance Act.
Material Change in Risk – A Warning for Insurers
An insurer considering coverage denial for material change in risk must review all facts and have a strong factual basis required to meet test for “material” change.
New Tribunal, Who Dis?
Think your explicit photos are getting the justice they deserve? Think again! Discover why the Human Rights Tribunal won’t entertain your junk mail and what they actually handle!
Not Involved? CAT Impairments Still Possible
In a recent decision, the Divisional Court ruled that the Appellant, Naomi Kellerman-Bernard, was eligible to make a claim for catastrophic impairment designation, despite not being personally involved in the accident herself.
ONCA Clarifies that Business Interruption Losses are Not an Insured Loss
The Ontario Court of Appeal has upheld the Superior Court Decision in Workman yet again confirming business interruption losses relating to COVID-19 are not insured losses.
ONCA clarifies psychological damages from a products liability perspective
In this Court of Appeal case, an appeal by representative plaintiffs was rejected where the plaintiffs sought certification of a proposed product liability class action. This is a significant outcome for all those involved with products liability actions.