New@SBA.
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 pand…
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 …
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 whethe…
Live Nation v Aviva: A Landmark Insurance Defence Case
Shocking Verdict Revealed in Live Nation v Aviva Insurance Battle – The Inside Scoop on the Game-Changing Landmark Case!
Commensurate Post-104 Week Employment Not a SABS Requirement
The Div Crt has ruled that the SABS post-104 “complete inability” test analysis of other suitable alternative employment does not require employment in a competitive, real-world setting, or employment which is comparable in terms of status and wa…
Intent is a state of mind. Or is it?
The insured stabbed a man while in the midst of a psychiatric episode. Find out why he was not entitled to a defence under his homeowners insurance policy.
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…