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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 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 Marla Kuperhause and Martin Smith
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
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...

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 Marla Kuperhause and Martin Smith
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 McCague Borlack LLP, judgment 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.