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, these…
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 were forced to adopt…
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 knowledge of the…
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…
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…
Kelly Santini’s Michael Leaver advised Ottawa-based ShipTrack on its recent acquisition by Descartes Systems Group of Waterloo, Ontario. ShipTrack provides cloud-based mobile resource management and shipment tracking solutions. These solutions help customers automate dispatch, updates on shipment status and estimated time of arrival (ETA), and eliminate paper-based delivery processes. Click…
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 Statutory Condition 2…
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 employees who are constructively dismissed or…