RESOURCES

In its recent decision of Royal & Sun Alliance Insurance Company of Canada v. SNIC, the Ontario Superior Court of Justice (the "Court") considered the priority of a travel policy and auto policy to pay out-of-province medical expenses. Both insurers claimed they were excess to each other, with the travel insurer relying upon the Ontario Court of Appeal's ruling in RBC Travel Insurance Company v. Aviva Canada Ltd. ("RBC Travel"), which limited the application of section 268(6) of the Insurance Act (which legislates all other insurance policies to be "excess" insurance to auto policies). However, the auto insurer's counsel (Michael Kennedy with McCague Borlack LLP) successfully argued that RBC Travel should be distinguished, resulting in the auto policy being held to be excess due to section 268(6).

The Court recently addressed the contentious issue of whether a litigant, in the course of a civil action, can obtain disclosure of the last known contact information of a municipality's former employees who might reasonably be expected to have knowledge of the occurrences in issue in the action, where access to that information would otherwise be restricted by provincial privacy legislation.

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.

To recognize the history and legacy of residential schools as part of the reconciliation process with Indigenous peoples, MB will once again honour and acknowledge the National Day for Truth and Reconciliation.

We want to wish all who work so hard to make this firm a fantastic place a Happy Anniversary and here's to many more successful years to come! 

Aside from the 12-week summer student term – which flies by in the blink of an eye – articling is the first real glimpse into the life of a practicing lawyer.

New case study on the issue of vicarious liability in contractual relationships. In the case of Harris v. Ward¹,  a customer had entered the dealership looking to trade in her old car and purchase a new one.