Bonilla v Preszler et al., 2016 ONCA 759 – The respondent, an insurer, informed the appellant via two letters on February 4, 2003, that they will no longer be paying her income replacement benefits (“IRB”) after February 27, 2003. the appellant was represented by legal counsel and did not challenge the…
News & Resources
Full Liability Upheld Where Jury’s Conclusions and the Admission of Expert Evidence Not Patently Unreasonable
Hamilton v Bluewater Recycling Association et al (2016 ONCA 805) involved a motorcyclist (Hamilton) who tried to overtake a recycling truck as the truck turned left. The vehicles collided and Hamilton was grievously injured. Hamilton brought a personal injury action for damages. At trial, the jury found Hamilton 100% liable…
Duty to Defend Applied Despite Exclusions for the Insured’s Work
Parkhill Excavating Ltd v Royal & Sunalliance Insurance Co of Canada (2016 ONCA 832) – Parkhill, designed and installed septic systems. It had commercial liability policies between 2004 to 2010 with a number of insurers. Parkhill’s septic systems were found to be defective and 36 septic systems had to be…
New Year’s Honours for Sean Bawden
Sean Bawden’s employment law blog ‘Labour Pains’ has been selected as the Best Niche Blog in the Canadian Law Blog Awards (aka The Clawbies). The award recognized the blog as “consistently one of the most incisive legal blogs in Canada“. Congratulations, Sean.
Bill C-45 – The Cannabis Act: What Insurers Need to Know to Avoid Getting Caught in the Weed
The federal government’s Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (“the Cannabis Act”), has now passed its first reading in the Senate1. While the Cannabis Act is still subject to further debate, Parliamentary approval, and Royal…
Community Support in 2017
On December 21st, a group of volunteers from Kelly Santini served dinner at the Ottawa Mission. Many thanks to the dedicated staff and volunteers at the Mission who welcome us to take part in this tradition each December. Thanks also to our clients. Your continued loyalty is what makes it…
Bill 148 and Changes to the Employment Standards Act, 2000
On November 22, 2017, the Ontario Government passed Bill 148, the Fair Workplaces, Better Jobs Act, 2017, S.O. 2017 C.22. The Bill received Royal Assent on November 27, 2017. The Bill amends several statutes: Colleges Collective Bargaining Act Crown Employees Collective Bargaining Act, 1993 Employment Protection for Foreign Nationals Act…
Federal Court of Appeal Upholds CIRB’s Decision Holding Union in Breach of its Duty of Fair Representation
Brent Craswell successfully represented an employee before the Federal Court of Appeal in an application for judicial review of a decision of the Canada Industrial Relations Board. The CIRB held that the employee’s union, the Canadian Union of Postal Workers, acted in an arbitrary fashion when it refused to proceed…