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Civil Claims Online Portal: Filing Non Urgent Documents Online
by Martin Smith
April 08, 2020

In response to COVID-19, the Ontario Superior Court of Justice (SCJ) has made necessary changes to procedural deadlines and steps over the last few weeks. Amidst these changes, the Court has recently announced that certain proceedings can now take place electronically.


Canada's Emergency Wage Subsidy in Response to COVID-19
by Martin Smith and Marla Kuperhause
April 03, 2020

After announcing the 75 per cent Canada Emergency Wage Subsidy on March 27, 2020, the Government of Canada announced new eligibility criteria for the Subsidy just days later. Specifically, on March 30, 2020, the Government set out that the Subsidy will be immediately available to non-profits, charities, and businesses of all sizes that have seen a reduction in revenue by at least 30 per cent as a result of COVID-19. Public sector entities are ineligible at this time.


Canada's Economic Response Plan in Response to COVID-19
by Martin Smith
March 27, 2020

Canadian businesses of all sizes face financial hardship as a result of the COVID-19 pandemic. To support and provide flexibility to these businesses while also sustaining liquidity in key financial markets, the Government of Canada has developed an Economic Response Plan. These measures, set out in the COVID-19 Emergency Response Act, passed into law on March 25, 2020.


Long fight ends in judgement to Plaintiff includes interest plus costs: Featured Case Study: Infinity Construction Inc. v. Skyline Executive Acquisitions Inc. et al.
by Van Krkachovski
March 12, 2020

In Infinity Construction Inc. v. Skyline Executive Acquisitions Inc. et al., argued by Stephen Barbier of McCague Borlack LLP, judgement was granted for the full amount in favour of, MB client, Infinity.

The issues at trial pertained to the amount owed by Skyline to Infinity, the applicable interest rate, and the interest accrual date.


Can a claim be denied due to criminal history from 20 years ago?: Case Study: Mohammed v The Manufacturers Life Insurance Company
by Van Krkachovski
March 12, 2020

In Mohammed v The Manufacturers Life Insurance Company, the Ontario Court of Appeal clarified the meaning of material fact to include criminal activities 20 years prior to obtaining life insurance.


Can a pseudonym screen name protect you from a lawsuit?: Case Study: Theralase Technologies Inc. v Lanter
by Van Krkachovski
March 12, 2020

In Theralase Technologies Inc. v Lanter, the issue of whether judgement can be granted against a defendant whose identity is unknown was considered.


Analyzing Use or Operation of a Vehicle - Case Comment: Hunt v Peel Mutual Insurance
by Howard Borlack
February 14, 2020

In October of this year, our office released a case comment concerning the decision in Hunt v Peel Mutual Insurance Company. In the case, Mr. Hunt (the appellant) and his daughter, Amealia, were passengers in a vehicle driven by Mr. Hunt's girlfriend, Tammy-Lynn Dingman. Ms. Dingman was driving while impaired at the time.  In this case comment. we will further analyze why the Court of Appeal found that Amealia's allegations did not pertain to Mr. Hunt's use or operation of a vehicle.


Beware of Presumption of Management or Control of a Director - Case Comment: Alizadeh v Ontario
by Howard Borlack
January 30, 2020

In Alizadeh v Ontario (Ministry of Environment, Conservation and Parks) (“Alizadeh”), the Court highlighted the high evidentiary burden on rebutting a presumption of management and control by a director in a Director's Order, emphasizing the importance of meeting environmental protection objectives.


A Duty of Good Faith is Foundational: Case Study: Demetriou v. AIG Insurance Company of Canada (2019 ONCA 855)
by Theresa Hartley and Van Krkachovski
January 13, 2020

A duty of good faith is foundational to nearly every contract of insurance, imposing on all parties a duty to act fairly and in good faith in their dealings with one another. In Whiten v. Pilot Insurance Co., the Supreme Court of Canada affirmed the reciprocal duty of good faith, a breach of which would constitute an “independent actionable wrong” compensable through the imposition of punitive damages.


Location of Loss Case Study: Benson v. Belair Insurance Company (2019 ONCA 840)
by Theresa Hartley and Van Krkachovski
January 13, 2020

This case involves two accidents involving two recreational off-road vehicles – an all-terrain vehicle (“ATV”) and a dirt bike – heard together because they raise the same jurisdictional issue at law.... The issue before the Court was whether Ontario's statutory accident benefits regime applies differently if the subject accident occurs outside of Ontario.


A power outage may not qualify for damage on premise: Case Study: La Rose Bakery 2000 Inc. v. Intact Insurance Company (2019 ONCA 850)
by Theresa Hartley and Van Krkachovski
January 13, 2020

The appellant in this matter operates a commercial bakery located inside of a shopping mall. The ice storm did not cause any physical damage to the shopping mall or to the bakery, but the resulting power outage caused spoilage within the bakery. Appellant failed to show...


Construction Act Reforms: Now in Effect! - Ontario Dispute Adjudication for Construction Contracts (ODACC)
by Stephen Barbier and Eric Turkienicz
November 15, 2019

Recently, the Ontario Government has been working toward enacting an overhaul of the Construction Act in hopes to modernize the legislation. The transition rules for these changes are set out in section 87.3 of the amended legislation. As of July 1, 2018, amendments to the construction lien and holdback rules came into effect. A new round of changes are now about to come into effect on October 1, 2019, pertaining to the prompt payment and adjudication process, and amendments related to liens.


The Test for Misfeasance of Public Office: Case Comment: Capital Solar Power v OPA
November 12, 2019

In Capital Solar Power Corporation v The Ontario Power Authority, Howard Borlack of McCague Borlack LLP represented the Ontario Power Authority before Justice Toscano Reccamo of the Ontario Superior Court of Justice for a claim alleging the tort of misfeasance of public office.


Do priority provisions in s. 268 of the Ontario Insurance Act apply to an out-of-province insurer for an accident that took place in Ontario? Case Study: Coseco v. Liberty, 2019 ONSC 4918
by Van Krkachovski
October 01, 2019

Where an MVA occurs in Ontario, and there is an out-of-province insurer policy covering the claimant, and that insurer has signed the Power of Attorney and Undertaking (PAU), the insurer is bound by s. 268 of the Insurance Act in its entirety.


If you take the wheel, you take control: Case Study: McKay v. Park, 2019 ONCA 659
by Van Krkachovski
September 30, 2019

A front-seated passenger who unexpectedly grabbed the wheel of a vehicle, causing an accident, is considered to have operated the vehicle without the driver's consent. It was not foreseeable the passenger would grab the wheel, despite the fact that the driver and passenger were arguing and emotional.

The owner of the vehicle in such a situation is not vicariously liable under s. 192(2) of the Highway Traffic Act. Summary judgment in favour of a dismissal against the owner was upheld.