August 11, 2020
Amid the ongoing COVID-19 pandemic, courts in Ontario have been working to modify existing online infrastructures and acquire new technologies in order to meet the needs of Ontarians and to maintain the safety of those who work in the courts. In doing so, the Ministry of the Attorney General ("MAG") has recently expanded the Justice Services Online platform and procured "CaseLines" for the use of the Ontario Superior Court of Justice.
August 10, 2020
The following are some updates around civil matters in the Superior Court of Justice in the Central East Region. Please note they are all subject to change.
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.
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.
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.
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.
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...
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.
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...
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...
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...
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...
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.
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.
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...
