Hackers v. Humans: Human Resources and Cyber Risk

Data and privacy breaches caused by malicious actors accessing your organization’s systems are here to stay. Once considered an emerging risk, “cyber” is now a hard reality facing every organization. Given the frequency of employees causing cyber breaches, human...

When is Your Mom Your Landlord?

The recent decision of Traders General Insurance Company v. Elizabeth Gibson asked the question, “Am I my [mother]’s keeper?” in the context of coverage for third party bodily injury claims under a homeowner policy. In this case, the answer was “No, you are her...

Playing With Fire – Constructive Dismissal and Mitigation

In what can only be described as a Pyrrhic victory, a recent Ontario Superior Court summary judgment decision highlights the employment risks present in temporary lay-offs during a business downtown. This decision is a strong reminder that lay-offs are not an automatic contractual right and can trigger a constructive dismissal claim. This decision also confirms that employees must take offers of re-employment seriously when alleging constructive dismissal.

Payback Time: Property Insurer Entitled to Repayment

The recent Ontario Court of Appeal decision of Gore Mutual insurance Company v. Carlin confirms that contracts of indemnity are meant to indemnify an actual loss and not provide a windfall. The facts, surprisingly, are straight forward. The respondents carried on a...

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