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News & Resources

Showing results for Litigation & Dispute Resolution Show All
Article

Slip and Falls on Snow and Ice to be Subject to 60-Day Notice Period

January 2021
On December 8, 2020, Bill 118 received royal assent and became law in Ontario. Also known as the Occupier’s Liability Amendment Act , the new legislation will implement a sixty (60) day notice period for a slip-and-fall claim caused by snow or ice when it comes into force. Until then,...
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Article

COVID Prompts Reform of Ontario Court Procedures

January 2021
The COVID-19 Pandemic becomes a catalyst to the modernization of litigation in Ontario beginning with changes to the Ontario Rules of Civil Procedure effective January 1, 2021 With the temporary closures of in-person courts and the sudden influx of individuals working from home, the Ontario Courts...
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RISK Case Law Updates

Court of Appeal Confirms Knowledge of Material Facts Triggers Start of Limitation Period

November 2020
On November 4, 2020, the Court of Appeal rendered its decision in Baig v. Mississauga , which affirmed that it is the knowledge of the material facts which are necessary to support the cause of action that triggers the commencement of the two-year limitation period rather than the...
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Article

COVID-19 Insurance Coverage & Enforceability of Liability Waivers

November 2020
With much of Ontario continuing to remain open in what appears to be a second wave of the COVID-19 pandemic, many business owners are turning to their insurance policies to cover losses and review whether potential future claims arising from the transmission of the virus will be covered by its...
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Guide

Guide to Litigation in Canada

November 2020
Kelly Santini LLP and the other members of Risk Management Counsel of Canada ( RMC ) have teamed up to produce a Guide to Litigation in Canada. The guide offers an introduction to the key steps to progressing a claim in each Canadian province. The guide will serve as a handy resource for anyone new...
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RISK Case Law Updates

Insured's Failure to Review and Correct Written Responses to Telephone Questions Leads to Denied Claim

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RISK Case Law Reports
November 2020
On June 22, 2020, Justice Belobaba of the Ontario Superior Court of Justice rendered his decision in Estate of Donald Farb v Manulife , affirming that answers provided via telephone to an insurance company and which the consumer has the opportunity to review in written form comply with...
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Article

Supreme Court of Canada Awards Million Dollar Bonus to Employee Wrongfully Dismissed

October 2020
On October 9, 2020, the Supreme Court of Canada (“SCC”) released its decision David Matthews v. Ocean Nutrition Canada Limited , 2020 SCC 26 . This wrongful dismissal case clarified if and when additional compensation, such as bonuses or long-term incentive plan payouts, are owed to...
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RISK Case Law Updates

Duty to Defend in the Context of Sexual Abuse Allegations

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RISK Case Law Reports
October 2020
Southside Muay Thai Academy Corp. v Aviva Insurance Company of Canada , 2020 ONCA 385 In a sequence of events which is unfortunately no longer unfamiliar, an instructor in a position of authority sexually assaulted a minor who was, at the time of the assault, a student...
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