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Corrosion Exclusion II - Resulting Physical Damage An exception to the exclusion in case: MDS Inc. v Factory Mutual Insurance
by Hillel David
July 03, 2020

In an earlier paper, the author commented on the interpretation and (non-) application of a corrosion exclusion in the decision in MDS Inc. v Factory Mutual Insurance Company. He turns now to a consideration of that exception to the exclusion.


Corrosion exclusion denied due to ambiguity: This author disagrees with the determination in case: MDS Inc. v Factory Mutual Insurance
by Hillel David
June 24, 2020

The interpretation of a corrosion exclusion was one of the major issues considered in the recent decision in MDS Inc. v Factory Mutual Insurance Company. For reasons outlined below, I believe the interpretation and determination regarding its applicability in the circumstances of the case were incorrect.


Can a condominium corporation seek recovery of subrogated interests from a unit owner?
by Martin Smith and Marla Kuperhause
June 09, 2020

Subrogation is the process whereby an insurer, after indemnifying its insured, assumes its insured's right to recover damages as against a tortfeaser who is liable for causing the damages. Since the insurer's right to subrogate is derivative, the insurer is subject to the same limitations that the insured would be when seeking recovery from third parties.


A Plea for Simple Pleadings
by Christopher Macaulay
May 31, 2020

You have just been sued for breach of contract by a former business partner.

As you skim through a legal document that sets out a laundry list of your alleged failures and faux pas, a few paragraphs jump out at you. Why does the document make reference to an argument over the design of your company's logo? And why is there commentary on the not-so-secret office romance between two of your employees? As far as you can tell, neither of these issues have anything to do with the contract in dispute.


Factors to consider during the tendering process - Case Study: Aquatech Canadian Water Services v Alberta (Minister of Environment and Parks)
by Howard Borlack
May 23, 2020

This appeal concerns the tendering process used by Alberta Environment and Parks to solicit bids for a contract for the operation, monitoring and servicing of water and wastewater services in the Kananaskis Region.

This case highlights three important factors to consider during the tendering process...


Insurance Policies, 1 Insured: Who Defends the Action, Who Pays the Costs of the Defence, and Who Controls the Defence? Case Study: Markham (City) v. AIG
by Van Krkachovski
May 22, 2020

This was a dispute between AIG Insurance Company of Canada and Lloyd's Underwriters in respect of the duty to defend a claim brought against the City of Markham.

The City rented a hockey rink to the Markham Waxers Hockey Club and associated entities. A young boy was injured while attending a game at the hockey rink. He sued the City, Hockey Canada and the Waxers for damages resulting from his injuries.


It's 2020: Bringing the Courts in Line with the Times During COVID-19 - Case Study: Arconti v. Smith
by Van Krkachovski
May 21, 2020

The issue in this case was whether the plaintiffs ought to be required to conduct an examination out-of-court by videoconference, rather than in- person at a later date, due to the COVID-19 pandemic.

The plaintiffs sued the defendants for negligently causing them to unjustly be found liable for securities fraud by the Ontario Securities Commission, among other causes of action. 


The Doctrine of Discoverability and Accident Benefits Claims: Special Considerations following Tomec and Pafco
by Jennifer E. Kelly
May 11, 2020

Ontario courts and tribunals have recently considered the application of the doctrine of discoverability in the context of accident benefit claims. These considerations have developed the common law in notable ways for insurers and insureds alike. Specifically, special considerations now arise in the context of Accident Benefits where limitation periods are concerned...


Is it okay for jurors to engage in internet research during deliberations? Case Study: Patterson v Peladeau
by Jennifer E. Kelly
May 11, 2020

In Patterson v Peladeau, 2020 ONCA 137, the Ontario Court of Appeal (“ONCA”) considered whether Justice Hackland of the Ontario Superior Court of Justice erred in his decision when he turned down a request for declaring a mistrial based on a juror engaging in Internet research during jury deliberations...


We're getting close! Reopening for business amid the ongoing COVID-19 pandemic
by Martin Smith
May 07, 2020

Amid provincial, federal, and municipal conversations about relaxing COVID-19 restrictions and reopening segments of the economy, businesses have recently been told to start planning and implementing back-to-work procedures and protocols. If you are an employer and are wondering where to start, some important questions for businesses to consider are...


COVID-19: Business interruption – Tangible property and loss of use in the Ontario Courts
by Lena Vartanian and Peter F. Yaniszewski
April 29, 2020

Following up our recent article on Business Interruption amid the COVID-19 pandemic, the March 30, 2020, Ontario Superior Court decision MDS Inc. v. Factory Mutual Insurance Company continues to remind us that the old adage, ‘you get what you pay for' rings loud and true...


Directors' and Officers' Liability in the Age of COVID-19
April 21, 2020

As we navigate through closed businesses, disruptions to global supply chains and potential food shortages, the question will arise as to whether we were adequately prepared for dealing with this pandemic...

The question arises of whether the directors and officers of a corporation will have any liability for failing to adequately plan for the re-opening of business during this current pandemic wave and any subsequent waves.


Expansion of the Canada Emergency Response Benefit
by Martin Smith and Marla Kuperhause
April 16, 2020

Over the last few weeks, the eligibility criteria to qualify for CERB have been criticized for excluding many Canadians....In response to this criticism, Prime Minister Trudeau announced during his public address on April 15, 2020, that new criteria would be enacted.


COVID-19: Taking stock of urgent motions
by Ashley Faust
April 15, 2020

On March 15, 2020, Chief Justice Morawetz released a Notice to the Profession advising that as a result of the pandemic, the Superior Court of Justice had adjourned all scheduled civil hearings, effective March 17, 2020.

The Notice to the Profession allows for the hearing of urgent and time-sensitive motions and a limited number of other matters...


COVID-19: Business interruption – Are you covered?
by Peter F. Yaniszewski and Lena Vartanian
April 14, 2020

While it has been “business as usual” for some Canadian companies and organizations, with employees working from home, many industries have been forced to cease operations or operate at reduced capacities...

There are various issues operating for an insurer, in both quantifying and crystallizing the terms of the loss, to determine if coverage is triggered pursuant to any given policy of insurance...