News & Resources

News & Resources

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Work Highlight

Kelly Santini Successful in Early Dismissal of Broker Liability Claim

November 2018
Kelly Santini’s Samantha Iturregui was successful in her motion for summary judgment dismissal of a professional negligence claim against brought against an insurance brokerage. When a fire destroyed the property, the insurer denied coverage as the property had sat vacant beyond the 30 day...
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Article

Enforcing Judgments from other Jurisdictions in Ontario

November 2018
In our modern global economy where cross-border transactions are prevalent, Ontario courts have increasingly recognized other jurisdiction’s laws and decisions. Notwithstanding a greater recognition of foreign judgments, creditors continue to face legal and practical challenges in enforcing foreign...
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News

Webinar - How Canadian Employers Deal with Cannabis

November 2018
Tuesday, December 4th at 1pm EST Jennifer Therrien , along with USLAW Network colleagues from Parlee McLaws LLP in Edmonton and Therrien Couture LLP in Montreal, are presenting this webinar which will identify prominent cannabis-related issues and concerns for employers with...
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RISK Case Law Updates

Vicariously Liability for Vehicle Owners if Possession Granted to the Driver

October 2018
In Leigh v Clement , 2018 ONSC 4508 [ Leigh ] Justice Cornell reviewed under what circumstances an owner of a vehicle can be vicariously liable for an accident involving their vehicle under s. 192(2) of the Highway Traffic Act . In this case the driver who struck the...
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Article

SCC rules on the duty to provide notice of the existence of labour and material bonds.

October 2018
In the recent Supreme Court of Canada decision of Valard Construction Ltd. v. Bird Construction Co. , 2018 SCC 8 , the Court found that a contractor had a duty to provide notice to the sub-subcontractors about the existence of a labour and material bond. The failure to provide the notice...
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RISK Case Law Updates

Reasonable Foreseeability Cannot be Clouded by Hindsight

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RISK Case Law Reports
October 2018
By overturning the Court of Appeal, the Supreme Court of Canada (SCC) in Rankin's Garage & Sales v JJ , 2018 SCC 19 sent a strong reminder that the foreseeability of harm remains the critical limiting principle of the law of negligence. In this case, a minor...
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RISK Case Law Updates

Oliveira: Canadian Courts Affirm Expansive Approach to Insurers’ Duty to Defend

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RISK Case Law Reports
October 2018
In Oliveira v Aviva Canada Inc et al , 2017 ONSC 6161 , the court reiterated the test for interpreting insurance provisions, and underscored the expansive approach that Canadian courts will take regarding an insurer’s duty to defend. This decision was affirmed by Ontario...
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Video

Recreational and Medical Cannabis – Key Considerations for Insurers - Webinar Recording

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September 2018
In October 2018, Canada will become only the second country in the world, after Uruguay, to legalize recreational cannabis. This follows the 2001 legalization of medical cannabis. In this webinar, Jennifer Therrien of Kelly Santini LLP explores the impact legal recreational cannabis will have on...
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