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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.
The Future is Nigh: The Enactment of the Autonomous Vehicle Act
The Autonomous Vehicle Act is here and its the first of its kind. Read on to see what the future holds.
If they don’t remit, the HST’s not legit
In 2019 the legislature amended the SABS to confirm that the med/rehab limits are exclusive of HST. But when exactly is HST payable in accident benefits claims?
A Worker in an Executive’s Clothing
Does the Executive Officer Exception under the WSIA apply to every Executive Officer?
ONCA Confirms Business Interruption Losses are Not Insured Losses
The Ontario Court of Appeal has confirmed that business interruption losses relating to COVID-19 are not insured losses.
Business Interruption Losses: COVID-19 is Not an Insured Loss
COVID-19 may be a distant memory to some, but pandemic related litigation continues to filter through the court system. In Workman, the Ontario Superior Court of Justice recently examined an insured’s ability to recover revenue relating to the pandemic.
Expert Reports: Not great to be late
The timing of service of expert reports in litigation is crucial both tactically and per the rules. Lamothe v. Sudbury Trail Plan Association is a refresher on the key points to consider when serving expert reports.
Coffees, Cars, and Cautious Causation
In 2021, Mr. Rathbone was stopped at a drive-thru window to pick-up coffee. He was able to transfer the first coffee without issue. However, as he was transferring the second, the lid came off the upper brim, spilling coffee onto his lap. He reacted and dropped the remainder of the coffee resulting in injuries to his lap and groin.
ONCA Revisits Mental Health Injuries
The recent Ontario Court of Appeal decision in Bothwell v. London Health Sciences Centre, 2023 ONCA 323 revisited what is necessary for a plaintiff to prove in order to be successful in a mental injury action. Specifically, the Court addressed whether feelings of anger, sadness and frustration, without more, result in a compensable mental injury.