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In Memoriam: Caroline Meyer Riley
It is with profound sadness and heavy hearts that we announce the passing of our esteemed colleague and dear friend, Caroline Meyer Riley. Caroline’s departure on July 13, 2023, has left us deeply saddened, as we mourn the loss of an extraordinary legal professional and a cherished member of our law firm family.
If they don’t remit, the HST’s not legit
In 2019 the legislature amended the SABS to confirm that the med/rehab limits are exclusive of HST. But when exactly is HST payable in accident benefits claims?
A Worker in an Executive’s Clothing
Does the Executive Officer Exception under the WSIA apply to every Executive Officer?
ONCA Confirms Business Interruption Losses are Not Insured Losses
The Ontario Court of Appeal has confirmed that business interruption losses relating to COVID-19 are not insured losses.
Priority Disputes 101: The Final Frontier
When a priority dispute doesn’t resolve in the normal course, the parties submit the issues to a private arbitrator. Oh …. there is also another notice provision that we haven’t discussed yet!
Business Interruption Losses: COVID-19 is Not an Insured Loss
COVID-19 may be a distant memory to some, but pandemic related litigation continues to filter through the court system. In Workman, the Ontario Superior Court of Justice recently examined an insured’s ability to recover revenue relating to the pandemic.
Expert Reports: Not great to be late
The timing of service of expert reports in litigation is crucial both tactically and per the rules. Lamothe v. Sudbury Trail Plan Association is a refresher on the key points to consider when serving expert reports.
Material Change in Risk – A Warning for Insurers
An insurer considering coverage denial for material change in risk must review all facts and have a strong factual basis required to meet test for “material” change.
Coffees, Cars, and Cautious Causation
In 2021, Mr. Rathbone was stopped at a drive-thru window to pick-up coffee. He was able to transfer the first coffee without issue. However, as he was transferring the second, the lid came off the upper brim, spilling coffee onto his lap. He reacted and dropped the remainder of the coffee resulting in injuries to his lap and groin.
Not Involved? CAT Impairments Still Possible
In a recent decision, the Divisional Court ruled that the Appellant, Naomi Kellerman-Bernard, was eligible to make a claim for catastrophic impairment designation, despite not being personally involved in the accident herself.
ONCA Revisits Mental Health Injuries
The recent Ontario Court of Appeal decision in Bothwell v. London Health Sciences Centre, 2023 ONCA 323 revisited what is necessary for a plaintiff to prove in order to be successful in a mental injury action. Specifically, the Court addressed whether feelings of anger, sadness and frustration, without more, result in a compensable mental injury.