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...

Can LTD Benefits Frustrate an Employment Contract?

The recent decision of Roskaft v. RONA Inc., 2018 ONSC 2934, sheds some light on when an employer can successfully claim frustration of contract when an employee is in receipt of long-term disability benefits. The facts of this case were fairly straight forward. The...

Trust Me, I’m a Professional: Divisional Court Upholds LAT Ruling

In the recent decision of Helmer v. Belairdirect Insurance Company, the Divisional Court dismissed the appeal a LAT adjudicator’s decision addressing the contentious issue of when professional service providers provide care “but for the accident” in the context of...

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