Oct 11, 2019 | Subrogation
Disposing of evidence can be fatal to a subrogation claim. Not because of spoliation but because it may be impossible to prove liability without an expert assessment of the failed item….
Oct 4, 2019 | Cyber and Privacy
A recent motion decision from the Ontario Superior Court of Justice highlights the importance of having clear internal communications about privacy policies. Perhaps equally important, the decision should make organizations uneasy about how they respond to privacy...
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...
Apr 30, 2019 | Transportation
The Federal Court recently released the decision of Black & White Merchandising Co. Ltd. v. Deltrans International Shipping Corporation. The case involved the transportation and theft of over 8000 pairs of children’s shoes. While the decision is silent as to...
