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News & Resources

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RISK Case Law Updates

Lease Terms Govern Subrogation Rights says ONCA

June 2018
Royal Host GP Inc. v. 1842259 Ontario Ltd. , 2018 ONCA 467 In Royal Host GP , the Ontario Court of Appeal overturned a decision of a motion judge and ruled that a tenant was not entitled to the benefit of the fire insurance that the landlord had covenanted to purchase where the...
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Article

The Construction Act – A New Era for Ontario’s Construction Industry

April 2018
WHAT HAPPENED? Major change has come. On December 12, 2017, the Construction Lien Act Amendment Act, 2017 (Bill 142) received Royal Assent, and the act formerly known as the Construction Lien Act has had its first major overhaul since 1983. The new legislation is known as the...
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News

Mitch Kitagawa Elected President of Risk Management Counsel of Canada

April 2018
Congratulations to Mitch Kitagawa on his recently election as president of Risk Management Counsel of Canada (RMC). RMC is a national association of independent law firms with expertise in meeting the needs of the risk management industry by providing a range of effective services for the insurance...
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News

Samantha Iturregui Selected for Forty Under 40 Honours

April 2018
Congratulations to Samantha Iturregui on her selection as one of Ottawa's Forty Under 40 . Samantha is a partner in the firm's litigation group with a practice focused on insurance defence and mortgage enforcement. Equally at ease in both English and French, Samantha has been using her power of...
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RISK Case Law Updates

Supreme Court Denies Leave to Appeal in Drive-Through Coffee Spill Accident

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RISK Case Law Reports
April 2018
Aviva Insurance Company of Canada v. Erin Dittmann , 2018 CanLII 12956 (SCC) On March 15, 2018, the Supreme Court of Canada unanimously dismissed an application for leave to appeal the decision of Dittmann v. Aviva Insurance Company of Canada 2017 ONCA 617 (CanLII), with costs. As we...
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RISK Case Law Updates

I Can’t Get No Subrogation

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RISK Case Law Reports
March 2018
In Douglas v. Stan Fergusson Fuels Ltd. , 2018 ONCA 192 , the Court found that an insurer could not pursue a subrogated claim in the name of its bankrupt insured unless it obtained a court order authorizing the action in its own name or used the provisions in the Bankruptcy and Insolvency...
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Article

New Mandatory Standard Form Residential Lease Coming This Spring

February 2018
Landlords and tenants, take note – as of April 30, 2018, in Ontario a new standard form lease will apply to all tenancies in houses, apartments, condominiums, and basement units. The standard form lease seeks to enhance clarity and consistency while avoiding unnecessary disputes. Conscientious...
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News

Random Acts of Kindness - Mitch Kitagawa Honoured for Community Service

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Mitchell Kitagawa, Kelly Santini LLP
February 2018
Mitch Kitagawa is this year’s recipient of the Gordon F. Henderson Award. Presented by his legal peers from the County of Carleton Law Association, the award is given each year to a lawyer who has made a significant contribution to the welfare of the community by performing charitable services on...
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