Priority Insurer Has No Options

Can the insurer, who is required to waive reliance on the priority rules and pay accident benefits, still pursue indemnification from the priority insurer? A Superior Court judge says “yes”. In Continental Casualty Company v. Chubb, the claimant was catastrophically...

Can I speak to the Manager?

Ontario courts have been signalling for some time now that a failure to treat pre-trial conferences seriously will have consequences.  A recent Superior Court of Justice decision may be read as increasing the standard to which insurers will be held for their...

Waivers of Subrogation Reach New “Heights”

When I graduated law school, I never expected to practice in an area where waivers of subrogation came up so frequently (or at all). Even today, I’m surprised by the number of times an unattended stovetop can lead to complex coverage issues. Coincidence or not, here...

No Reasonable Inference = No Causation

This action arises from a fall that occurred on January 14, 2014 on common property owned by the defendant Strata Plan LMS2286 (the “Strata”).  Strata retained the defendant Markic Development & Restoration Ltd (“Markic”) to perform some remediation work on its...

Trip & Fall: Were You A Prudent Pedestrian?

Around 8 a.m. on an October day in 2015, the plaintiff drove to a strip mall that was operated and maintained by the defendant, Value Industries. She parked parallel to a curb outside of a Save on Foods store with the intention of walking up the wheelchair ramp to the...

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