When is a House a Household?

Jan 28, 2019 | Coverage

What does “living in the same household” mean? In Ferro v. Weiner, the late Enid Weiner owned a house on Lake Eugenia. From the late 1980s or early 1990s, it was Enid’s sole residence, before she moved to a nursing home in 2008 or 2009. Although she never resumed...

Say it if you mean it

Jan 28, 2019 | SIU

UPDATE: This decision has since been overturned on appeal. Mr. Demetriou claimed he was robbed of a $550,000.00 ring (a family heirloom) that he was wearing on a gold chain around his neck while walking alone on a beach in Punta Cana. He had added the ring to his...

Causation: More Than a Bump in the Road

Jan 20, 2019 | Occupiers’ Liability

The Plaintiff suffered injuries after tripping on a speed bump in a parking lot owned by the Defendant. While the parties agreed to damages, the matter proceeded to trial on the issue of liability. The Court considered whether the Defendant breached its duty of care...

It was Obvious!

Jan 10, 2019 | Occupiers’ Liability

This case involves an accident at QK Fitness (“QK”) when the plaintiff, Fatemeh Hosseinkhani (the “plaintiff”),  tripped and fell on a dumbbell during a gym class.   She sued QK for negligence.  QK successfully brought a motion for summary judgment to dismiss the...

LTD Denials – When Does the 2-Yr Limitation Period Start?

Jan 9, 2019 | Disability

Limitation periods continue to be a hot topic in the context of disability benefits. A recently released Divisional Court decision seems to have shed a little light on this matter. In Western Life Assurance Company v. Penttila, the insurer brought a summary judgment...