Jun 27, 2019 | Priority Dispute
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...
Jun 23, 2019 | Court Proceedings
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...
Jun 13, 2019 | Subrogation
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...
Jun 13, 2019 | Occupiers’ Liability
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...
Jun 13, 2019 | Occupiers’ Liability
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...
