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Being Proactive with Environmental Claims Case Study: Albert Bloom Limited v. London Transit Commission
by Howard Borlack and Adam Ostermeier
February 26, 2021

This matter involves the appeal of a third party's motion for summary judgement on the grounds of a claim being statute barred. The defendant, in this case, attempted to join the third party to the action several years after the claim began on the basis that they had no knowledge of their involvement until well after they replied to the plaintiff's claim. This case demonstrates, however, that what constitutes knowledge of a potential claim, and a party's obligation to further investigate potential claims when evidence is presented to them.

Winter Maintenance Contracts - Featured Case Study: Ruetz v Metro Canada
by Michael Kennedy and Jennifer Ilton
February 16, 2021

This case arose out of injuries sustained by an individual when ice allegedly fell from an above canopy onto her head as she was exiting a grocery store. The plaintiff sued the property owner (represented by Michael Kennedy at McCague Borlack LLP), who in turn sued its winter maintenance contractor for contribution and indemnity pursuant to a hold harmless clause in its contract.

Allegations are Subject to Higher Scrutiny When Made Against Personal Defendants - Featured Case Study: Matlock v. Ottawa-Carleton Standard Condominium Corporation
by Martin Smith
February 09, 2021

In Matlock v. Ottawa-Carleton Standard Condominium Corporation,1 McCague Borlack LLP's Martin Smith, on behalf of the Defendants, successfully opposed the Plaintiff's motion to amend his Statement of Claim to enhance his claim against the individual board member Defendants and add an additional board member as a party. In response, the Defendants also advanced a crossclaim striking the claims against the board member Defendants in their entirety.

Claim for Loss of Opportunity Damages - Case Study: Akelius Canada Inc. v. 2436196 Ontario Inc
by Howard Borlack and Adam Ostermeier
January 18, 2021

In Akelius Canada Inc. V. 2426196 Ontario Inc., J. Morgan ruled on the matter of whether a European based real estate investor who suffered a breach of contract by a seller in Toronto could be awarded damages based on a loss of opportunity to cash in on a local real estate boom.

Early Inquiries are Critical to Ensuring Inclusion of Defendants - Case Study: Amanda Ali v. City of Toronto
by Howard Borlack and Adam Ostermeier
January 18, 2021

In Ali v. City of Toronto, Master M.P. McGraw ruled on plaintiff's motion for leave to amend their statement of claim to add a party as a defendant to the action. Master McGraw denied this motion on the basis that the winter maintenance contractor the plaintiff wished to add was immediately discoverable and as such it was beyond the limitation period to add the party.

Disengaging Assets subject to a CCAA Proceeding - Case Study: Teliphone Corp. v. Ernst & Young Inc.
by Howard Borlack and Adam Ostermeier
January 18, 2021

This 2019 decision of the British Columbia Court of Appeal was the third in a trio of appeals regarding the topic of disengaging assets owned by insolvent entities subject to a Companies' Creditors Arrangement Act (“CCAA”) proceeding from assets owned by other affiliated entities that were not insolvent.

Statutory Thresholds and Deductibles in reference to Tort Damages in MVAs
by Van Krkachovski and Chelsea Dobrindt
January 14, 2021

The annual update to the statutory thresholds and deductibles for determining non-pecuniary tort damages arising from use or operation of vehicles has now been released. See Chart...

Who Pays to Produce the Medical Records? Case Study: Trumble v Soomal
by Eric W.D. Boate and Jennifer Ilton
January 13, 2021

In Trumble v Soomal, 2020 ONSC 8097, Justice Sloan considered whether in a personal injury case the plaintiff or the defendant is obligated to pay for medical records.

Silence is not golden when it comes to contracts - Case Study: C.M. Callow Inc. v. Zollinger
by Howard Borlack and Adam Ostermeier
January 08, 2021

The Supreme Court recently undertook to further refine the duty of honest performance in contract law. In a significant ruling on December 18, 2020, the Court held that this duty of honest contractual performance extends beyond lies to include knowingly misleading another party, whether through a partial truth, an omission, or even silence.

Big Changes to Small Claims: How COVID-19 has affected the Small Claims Court
by Howard Borlack and Chelsea Dobrindt
January 05, 2021

The world has gone through many changes in the past year, and the Ontario Small Claims Court is no exception. Since suspending sittings in March 2020, the Court has progressively begun expanding its remote operations. While traditionally resistant to change, the Courts have modified their usual operations in light of these unprecedented times and now hear many matters over teleconferencing and videoconferencing technologies.

The changes that the Ontario Small Claims Court has instituted to its usual operations are of note for both counsel and clients alike. 

A Million Dollar Bonus after Constructive Dismissal - Case Study: Matthews V Ocean Nutrition Canada Ltd
by Howard Borlack and Jennifer Ilton
January 05, 2021

The Supreme Court of Canada (“the Court”) overturned the decision made by the Nova Scotia Court of Appeal, resulting in an award of one million dollars being afforded to Mr. Matthews, a skilled chemist who was constructively dismissed by his employer, Ocean Nutrition Canada Ltd. (“Ocean”) without reasonable notice.

Summary of changes to Reg. 194 under the Courts of Justice Act: Rules of Civil Procedure
by Eric W.D. Boate and Jennifer Ilton
December 16, 2020

On January 1, 2021, the amendments to the Rules of Civil Procedure pursuant to O. Reg. 689/20 will take effect. The following is a summary of the key amendments.

Expert Evidence May Not Trump in Summary Judgment: Cases Case Study: Haley v Stepan
by Michael Kennedy
December 16, 2020

In a recent Court of Appeal decision, the Court upheld the defendant occupiers' successful summary judgment motion in a trip-and-fall case. Despite the plaintiff having expert evidence stating an unsafe elevation in the floor caused him to fall, the Court of Appeal ...

2 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
December 03, 2020

This was updated in December 2020 after appeal.

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.

Legal Liabilities and the Transmission of COVID-19: What you need to know about Bill 218
by Jessica Grant
December 02, 2020

On November 20, 2020, Bill 218, entitled “Supporting Ontario's Recovery and Municipal Election Act, 2020” (“the Act”) received Royal Assent.1 The Act provides at section 2(1) that:

No cause of action arises against any person as a direct or indirect result of an individual being or potentially being infected with or exposed to coronavirus (COVID-19) on or after March 17, 2020, as a direct or indirect result of an act or omission of the person if...