Intent is a state of mind. Or is it?
The insured stabbed a man while in the midst of a psychiatric episode. Find out why he was not entitled to a defence under his homeowners insurance policy.
The Ultimate Limitation Period: The Court of Appeal Weighs In
Does the claim have to arise while a plaintiff is a minor for Section 15(4)(b) of the Limitations Act, 2002 to apply?
The Grey: Featuring Section 28(4) of the WSIA, not Liam Neeson
Is the exception under section 28(4) of the WSIA black and white or shades of grey?
There once were two spouses, in two different houses
What does “have lived together in a conjugal relationship” mean where a couple did not live together for many months before the accident?
The Eyes and Ears of the Accident: How Witnessing Doesn’t Always Mean Being Involved
Does witnessing a motor vehicle accident make you involved in it?
Underlying Suspicions Not Always Enough to Waive Litigation Privilege
In this recent motion, the Ontario Superior Court of Justice considered the requirements for a party to succeed in obtaining what is otherwise privileged information. In Salamaszynski v Michael Garron Hospital, the Plaintiffs requested any...
Will Any Reason Do?
The Ontario Court of Appeal has allowed Allstate’s appeal from the Divisional Court decision in Varriano v. Allstate Company of Canada. The claimant, Nunzo Varriano, was injured in a motor vehicle accident on September 30, 2015, and paid IRBs...
ONSC: Sometimes Accidents Happen and No One is Liable
The Ontario Superior Court of Justice provided a thorough analysis of what defendants can do to meet the standard of care in occupiers’ liability cases.
ONCA: No “trial within a trial” in the duty to defend
The Ontario Court of Appeal recently considered the traditional pleadings rule and found that the duty to defend cannot be ousted by use of premature evidence, that being evidence that would require findings to be made before trial, referred to as a “trial within a trial.”…
Civil Machines: The Current State of Autonomous Vehicle Liability*
In 2016, automobile manufacturers predicted that autonomous vehicles (“AVs”) would hit the road for wide consumer use as early as 2021. It is now 2022 and human operated vehicles still rule the road. Although the reasons for delay are not...