With the new mortgage rules in effect, qualifying for a mortgage is harder than ever for most Canadians. For Buyers who put less than 20% down on their purchase, mortgage insurance becomes a necessary evil- and adds thousands to your closing costs. The good news is that most new construction…
The Corporation of the Town of Huntsville v Lloyd’s Underwriters, 2017 ONSC 1208 This application dealt with Lloyd’s Underwriters’ purported obligation to defend the Town of Huntsville. The insurers had defended the Town in an initial action (“the first action”) up until settlement but, when residual issues resulted in a…
Usanovic v Penncorp Life Insurance, 2017 ONCA 395. This is an appeal from an order of Broad J. granting summary judgement dismissing the appellant’s action against his disability insurer, Penncorp. The motion judge had granted summary judgement because the Plaintiff’s claim was time-barred. The Plaintiff was injured in 2007, when…
Changes to the Employment Standards Act Bill 148 does a lot more than increase the minimum wage to $14/hr. On January 1, 2018, many provisions of the Ontario Government’s Fair Workplaces, Better Jobs Act (Bill 148) will come into force. While changes to the minimum wage have dominated the…
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…
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…
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…
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.