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.

This matter arose out of a tragic motor vehicle accident that occurred in the Region of Durham during a long winter storm. Durham contracted out the winter maintenance of its roads to Miller Maintenance Ltd. with the requirement that Miller obtain a Comprehensive General Liability (CGL) policy of insurance for public liability and property damage naming Durham as an additional insured. Pursuant to the contract however, the CGL only insured Durham “in respect of all operations performed by or on behalf of Miller” and did not include damages caused by the negligence of Durham or its employees.

The main issue in this motion was whether Zurich was contractually obligated to indemnify Durham for the claims alleged by the plaintiffs.

On April 13, 2012, Justice Sheffield of the Ontario Superior Court of Justice released his decision granting an order for summary judgment in our client’s favour. The issue before Justice Sheffield was whether the plaintiffs’ liability coverage was improperly removed by their insurance broker and our client, Lombard Canada Ltd., such that coverage should have responded and indemnified the plaintiffs for an underlying claim in negligence. See the full summary or read the court file.

The Material Covered will Blow your Mind! We are so excited to announce the panel for our webinar!

During the COVID-19 pandemic, the courts were unable to hold jury trials for many civil claims, particularly MVA and tort cases. This ended in May 2022, and jury trials for civil cases have since resumed. During this time, many decisions proceeded before only a judge. This paper will outline the major differences between judge-alone and jury trials.

In the recent decision of Cromarty v. Waterloo (City), Justice D.A. Broad of the Ontario Superior Court of Justice dealt with the applicability of the Minimum Maintenance Standards2 as a defence to municipal liability in the case of a pedestrian trip and fall on a municipally-owned sidewalk.