In an asset-sale transaction, if the purchaser offers to employ an employee of the vendor, can the purchaser vary some (or all) of the fundamental terms of the employee’s employment contract and rely on the offer itself as sufficient legal consideration for such changes? In the case of Krishnamoorthy v….
An introduction to the claims dispute process in Ontario and how to work effectively with external counsel. Information overload can be pretty overwhelming for anyone new to the insurance industry. Having a solid understanding of the legal process a disputed claim will follow will help claims handlers and adjusters get…
Wilk v Arbour, 2017 ONCA 21. This is an appeal from an order of Faieta J. dismissing the Plaintiff’s motion for summary judgement under the Dog Owner’s Liability Act and granting the Plaintiff’s cross-motion, finding that she was entitled to damages. The appeal was allowed. The Plaintiff was injured when,…
Watkins v Western Assurance Company, 2016 ONSC 2574 The Plaintiff’s mother was injured in a motor vehicle accident in 2003 when he was 15 years old. The Plaintiff was not in the car at the time of the accident. In 2011 he brought a claim for damages arising out of…
Caithesan v. Amjad, 2016 ONSC 5720 In this case the Plaintiffs brought motions for summary judgment against the Defendant, Saad Amjad (Amjad) who was 16 years old at the time of the incident. He had taken his mother’s car without consent and then lost control of the car injuring two…
Intact Insurance Company v Beaudry, 2016 ONSC 6127 This was an application brought by the Insurer, Intact Insurance Company (Intact), to determine the proper interpretation of section 44 of the Statutory Accident Benefits Schedule (SABS). Section 44 of the SABS provides for an insurer’s right to obtain an examination of…
Estate Trustees often need to advertise a notice to creditors, as just one of their many estate administration tasks. Beyond the purpose of helping to discover unknown creditors of the deceased, advertising a proper notice to creditors will also provide an estate trustee personal liability protection from a creditor who…
We are very pleased to welcome four talented law school graduates to the firm for their articling year. Hamish Mills-MacEwan (left) completed his law degree at Queen’s University while Afton Maisonneuve (middle) and Joshua Vickery (right) both attended University of Ottawa. The three will be joined by University of Ottawa graduate…
