News & Resources

News & Resources

Showing results for Litigation & Dispute Resolution Show All
RISK Case Law Updates

Does the Insurer have a Duty to Defend the Insured Based on the Policy’s Coverage?

June 2017
Wal-Mart Canada Corp. v. Intact Insurance Company , 2016 ONSC 4971 In this case, Wal-Mart Canada Corp. (“Wal-Mart”) sought a declaration for defence and indemnification under a policy of insurance its maintenance subcontractor had with Intact Insurance Company (“Intact...
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RISK Case Law Updates

Insurers Must Provide Actual Reason(s) for Examinations Under Oath

June 2017
Aviva Insurance Company of Canada v. McKeown et al. , 2016 ONSC 6017 This application, brought by the insurer, was a test case on the issue of whether a justification is required to compel a person claiming statutory accident benefits to attend at an examination under...
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Article

Joint Retainers: When Multi-Parties Share the Same Lawyer

May 2017
What exactly is a joint retainer and what are some of the pros and cons? When you select a lawyer, you are actually retaining the law firm and not exclusively the lawyer. At times, it makes sense for one or more unrelated parties to join forces and retain the same law firm. For example, several...
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RISK Case Law Updates

Waivers of Liability: Balancing the Statutory Protections of Occupiers and Consumers

March 2017
David Schnarr v Blue Mountain Resorts Limited , 2017 ONSC 114 This case results from an injury that the plaintiff suffered while skiing at the defendant’s ski resort. The plaintiff purchased a seasons pass on line and in the process the plaintiff signed a waiver releasing the ski resort of...
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Article

Minor Beneficiaries, Consents, and Conflicts of Interest

March 2017
If you are the applicant for a Certificate of Appointment of Estate Trustee (CAET) you may be required to obtain a consent from a minor beneficiary to your proposed appointment as Estate Trustee. Most often these kinds of consents are required when the deceased passed away without a will. The court...
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RISK Case Law Updates

WSIAT ruling preserves contractual rights of action

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RISK Case Law Reports
March 2017
The Workplace Safety and Insurance Act contains restriction on the right to sue for workplace injuries. These rights depend on whether the injured worker and the defendant are in the same schedule as set out in the act. A worker in a Schedule One industry cannot sue any other Schedule One employer...
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Article

Autonomous Vehicles: What Taking a Back Seat Means for Insurance Coverage & Liability

March 2017
According to Statistics Canada, 2014 saw 149,900 total injuries resulting from motor vehicle accidents (“MVAs”) – including 1,834 fatalities 1 . When exploring the cause of these accidents, human error is typically to blame 2 . To combat these statistics, each year brings new technological advances...
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News

Lisa Langevin Business Woman of the Year Finalist

March 2017
Congratulation to Lisa Langevin who has been named as one of three finalists for the Business Woman of the Year in the professional category. Lisa joined Kelly Santini LLP as an articling student in 2001 and became a full partner in the firm earlier this year. She is a bilingual litigator and...
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