New@SBA.
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.
Invasion of Privacy: Is it Covered?
An American court found that allegations of improper collection and use of biometric data may attract coverage under insurance policies that don’t explicitly provide such coverage. Policy wording is incredibly important to limit risk and exposure …
SPECT: Its Time Has Not Come
Are brain SPECT scans admissible in personal injury proceedings?
Does a Wrong Make a Right?
The WSIAT defines the limits of a “Right to Sue” Application in the context of a wrongful dismissal action arising from a personal injury.
It’s All About What You Know: Insurer allowed to deny coverage three years later
Read more to find out the Supreme Court’s views on promissory estoppel in insurance coverage.
The Fast and the Furious: Spoliation Edition
What do street racing, an injured flagbearer, and spoliation of evidence have in common? Let’s review a recent motion decision to amend pleadings.