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Does the Province of Ontario Owe a Duty of Care When Transporting Accident Victims?
December 31, 2009

When accidents happen at ski lodges or other remote locations, decisions have to be made about when, how and to where victims are to be transported. The Province of Ontario’s guidelines on how these decisions are to be made and the way these guidelines are administered could subject the Province to a private law duty of care, the Court of Appeal has recently held.


Case Summary: Tridan Developments Ltd. v. Shell Canada Products Ltd.
December 31, 2009

In Tridan Developments Ltd. v. Shell Canada Products Ltd., 2002, CanLII 20789 (ON C.A.), the Court dealt with an appeal from an assessment of damages arising from the contamination of the respondent's Tridan Developments Ltd. property by a gasoline spill from the appellant's Shell Canada Products Ltd. neighbouring gas station.


Recent Court Decisions, Mohamed v. Banville
December 30, 2009

In order to establish negligence where careless smoking is alleged to have caused a fire, there must be evidence that smoking occurred proximate to the time and place of the origin of the fire.


An Update on Waivers: A Comment on Gallant v. Fanshawe College et al.
November 30, 2009

The issue of whether and in what circumstances a waiver is a defence to an action for negligence is important and complex.  The recent case of Gallant v. Fanshawe College et al. articulates the court's considerations with respect to when a waiver is a defence to an action for negligence.  Gallant outlines the factors considered by the court including, the circumstances in which the contract is signed, the intentions of the parties, and the type of activity that is involved.


A Canadian Perspective: Recent Developments and Emerging Issues Concerning the Design Professional
by Howard Borlack
November 30, 2009

A primary concern for the design professional has always been the length of time during which claims can be brought in respect of work performed. In some cases, including those involving latent defects, proceedings are commenced long after the work in issue has been completed.


Unidentified Motorists Claims in Ontario - An Overview
October 31, 2009

Unidentified motorist claims are, at times, challenging to investigate and resolve. Frequently, all the liability eveidence is solely within the knowledge of the plaintiff. There is some comfort to be had in an initial scene investigation by the police, and supporting eveidence arising form the property damage to the vehicle. In the event more than one vehicle was involved in the accident, witness statements are generally supportive of the plaintiff's allegations of a John Doe causing the accident.


Limitation Periods in Canada
by Stephen Barbier
September 30, 2009

Limitation periods vary across Canada, but generally range from 1 to 2 years for most causes of actions. The recent trend in Canadian courts has been to strictly enforce limitation periods, making it important for subrogation professionals handling claims in Canada to be mindful of the applicable limitation period and act timely and efficiently to ensure that the opportunity for recovery on potential claims is not lost.


Serial and Independent Concurrent Causes in Insurance Law
by Hillel David
August 31, 2009

Until the decision in C.C.R. Fishing Ltd. v Tomenson Inc., the element of causation in insurance law, particularly in the context of insuring provisions, revolved largely around the concept of proximate cause, meaning the effective and dominant cause of the loss.  Since that decision, the focus has shifted to a consideration of the impact of concurrent causes, both in regard to insuring agreements and exclusion clauses.

An area that has not, however, received the attention it merits is the distinction between serial and independent concurrent causes.


SCC Narrows 'Faulty Design' Exclusion
January 15, 2009

A long-standing insurance dispute over the failure of a massive tunnel boring machine (“TBM”) ended in late November 2008 with a ruling by the Supreme Court of Canada awarding nearly $40 million to the insured. The decision addresses the “faulty or improper design” exclusion common to most “all-risks” property policies.


Driving or operating an automobile without a valid driver's licence is not, in itself, sufficient to ground a subrogated claim
December 31, 2008

The recent Court of Appeal decision in Miller v. Carluccio (2008), 91 O.R. (3d) 638 (C.A.) makes it clear that driving or operating an automobile without a valid driver's licence is not, in itself, sufficient to ground a subrogated claim. Although the case was decided on the issue of coverage, it has important implications for subrogation.


Ontario Court of Appeal confirms that home buyers are not barred by the provisions of the Ontario New Home Warranties Plan Act from pursuing remedies in the courts
December 31, 2008

Until recently, there have been conflicting decisions as to whether the Ontario New Home Warranties Plan Act (the “Act”) constitutes an exclusive statutory scheme for dealing with claims by new home buyers against builders. The Court of Appeal has recently confirmed that home buyers can pursue remedies against builders in the courts.


On Your Bike
by Van Krkachovski
November 30, 2008

A municipality's obligations are the same for bicyclists as they are for pedestrians. It is obligated to keep the road and sidewalks in a reasonable state of repair and that responsibility covers not just problems that can be readily spotted but those hazards that may not be so obvious as well.


Lights and Siren
by Van Krkachovski
August 31, 2008

Whether it is a police officer responding to a call, an ambulance rushing to help a critically ill patient, or a fire truck speeding to a fire, intersections crashes are the most common and almost always the most serious collisions involving emergency vehicles.


Cracks in the Defence, Sidewalk Maintenance and Municipal Liability
by Van Krkachovski
May 31, 2008

A thumb is about an inch wide which makes a handy rule when it comes to sidewalk deflections. As a rule of thumb, if a sidewalk has a crack or deflection of more than a thumb width, a municipality may well be liable for any injuries resulting from a trip or fall.


Escalating Damages in Canada
by Van Krkachovski
February 29, 2008

In recent years there have been a number of developments in the law which have given rise to escalating damage awards. The focus on this paper is on the changes that have occurred with respect to: Future Care Costs, guardianship and management fees, and risk premiums.