New@SBA.
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...
ONCA Wraps Up Wrap Up Policy Coverage Dispute
Recently, the Ontario Court of Appeal considered an insurer’s duty to defend in the context of a specific project wrap up liability policy. The decision did not include any ground-breaking principles, but it clarified a few points that may be...
No ambiguity: EI benefits are deductible from IRBs
The Divisional Court has recently weighed in on the deductibility of EI benefits from an income replacement benefit owing to an insured person after an accident. The Court held that all EI benefits are deductible as “gross employment income”....
Priority Disputes 101: The Claimant
Ontario’s priority dispute scheme places disputing insurers front and centre. However, claimants often have an important role in the process…
Waivers Work (Again!): Signing on the dotted line has consequences
In a recent summary judgment decision, the court has, yet again, answered what happens when you sign a waiver without reading it first.
School board taken to class on privacy
School board did not know what data was collected by third party applications. Privacy commissioner had something to say.
Timely Notice or You Better Have a Reasonable Excuse
The Court of Appeal agrees with the judgment below and doesn’t buy the plaintiff’s excuse for giving late notice to the City of Toronto.
Invasion of Privacy: Is it Covered?
An American court found that allegations of improper collection and use of biometric data may attract coverage under insurance policies that don’t explicitly provide such coverage. Policy wording is incredibly important to limit risk and exposure – what do your policies say?