New@SBA.
The Latest Word on Prejudgment Interest
The Court of Appeal has held that the trial judge should have taken into account changes in market interest rates when exercising his discretion to award prejudgment interest of 5%.Judgment varied to prejudgment interest at 1.3%.
Another Privacy Class Action Settlement
Do plaintiffs have to sue in federal court for PIPEDA violations? Maybe not anymore!
Burden of Proof vs. Fraud: Back to Basics
The Court of Appeal has overturned a summary judgment decision in a coverage case, finding the judge reversed the burden of proof and failed to recognize that a trial is required in cases of potential fraud, where credibility is in issue.
SABS Priority Disputes 101: Reflection on Deflection
As an accident benefits adjuster, what do you need to do to when a claimant approaches you about a new claim? What do you need to send them? When is an application “complete”? What is deflection? Can you say “go away”?
SBA Welcomes Senior Insurance and Coverage Lawyer, Mikel Pearce
SBA Lawyers LLP is pleased to announce the addition of Mikel Pearce (2000 Call) to its litigation practice effective October 15, 2019. With the addition of another senior lawyer to the firm, …
Carriage Fights in Privacy Class Actions
Privacy breaches often result in a multiplicity of class actions, across a multiplicity of jurisdictions in Canada, both at the national and the provincial level. How do courts decide which law firm(s) should be granted carriage of the claim?…
Occupiers, Don’t Turn a Blind Eye to Your Tradesperson!
In February 2015, the plaintiff, a 66-year old contractor, fell from a ladder while working at premises leased by the defendant corporation, Crème. The fall resulted in him suffering catastrophic injures and requiring round-the-clock care at a care...
Don’t Spoil Your Subrogation Claim!
Disposing of evidence can be fatal to a subrogation claim. Not because of spoliation but because it may be impossible to prove liability without an expert assessment of the failed item….
SABS Priority Disputes 101: Help!
What do you need to do to pursue a SABS priority dispute in Ontario? What are the timelines? What happens next? This is the first of several priority dispute articles in our insurance law series. Please read more.
Where there’s smoke (detectors), there’s cameras?
A recent motion decision from the Ontario Superior Court of Justice highlights the importance of having clear internal communications about privacy policies. Perhaps equally important, the decision should make organizations uneasy about how they...