New@SBA.
The Grey: Featuring Section 28(4) of the WSIA, not Liam Neeson
Is the exception under section 28(4) of the WSIA black and white or shades of grey?
There once were two spouses, in two different houses
What does “have lived together in a conjugal relationship” mean where a couple did not live together for many months before the accident?
Underlying Suspicions Not Always Enough to Waive Litigation Privilege
In this recent motion, the Ontario Superior Court of Justice considered the requirements for a party to succeed in obtaining what is otherwise privileged information. In Salamaszynski v Michael Garron Hospital, the Plaintiffs requested any...
Will Any Reason Do?
The Ontario Court of Appeal has allowed Allstate’s appeal from the Divisional Court decision in Varriano v. Allstate Company of Canada. The claimant, Nunzo Varriano, was injured in a motor vehicle accident on September 30, 2015, and paid IRBs...
Civil Machines: The Current State of Autonomous Vehicle Liability*
In 2016, automobile manufacturers predicted that autonomous vehicles (“AVs”) would hit the road for wide consumer use as early as 2021. It is now 2022 and human operated vehicles still rule the road. Although the reasons for delay are not...
ONCA Wraps Up Wrap Up Policy Coverage Dispute
Recently, the Ontario Court of Appeal considered an insurer’s duty to defend in the context of a specific project wrap up liability policy. The decision did not include any ground-breaking principles, but it clarified a few points that may be...
No ambiguity: EI benefits are deductible from IRBs
The Divisional Court has recently weighed in on the deductibility of EI benefits from an income replacement benefit owing to an insured person after an accident. The Court held that all EI benefits are deductible as “gross employment income”....
Waivers Work (Again!): Signing on the dotted line has consequences
In a recent summary judgment decision, the court has, yet again, answered what happens when you sign a waiver without reading it first.
School board taken to class on privacy
School board did not know what data was collected by third party applications. Privacy commissioner had something to say.
Timely Notice or You Better Have a Reasonable Excuse
The Court of Appeal agrees with the judgment below and doesn’t buy the plaintiff’s excuse for giving late notice to the City of Toronto.