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…
News & Resources
Welcome to our Articling Students
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…

Insurers can still face liability after conviction for driving without insurance
Intact Insurance Company v Federated Insurance Company of Canada, 2017 ONCA 73 A father and his son were involved in an accident with another vehicle insured by Federated. The injured son claimed statutory accident benefits from the insurer of that vehicle, Intact. Intact denied the claim as it took the…

Accident Benefits Disputes Require Notification to the Other Insurer and the Claimant Within 90 days
Unifund Assurance Co v Dominion of Canada General Insurance Co, 2016 ONSC 4337 This case arose when an insured, who owned and operated an automobile repair shop, was injured in a motor vehicle accident while riding in a customer’s vehicle. The insured applied to his own insurance, Dominion Insurance, rather…

Discoverability and Due Diligence Require more than an Expert Report to Extend the Limitation Period
Arcari v Dawson, 2016 ONCA 715. This is an appeal from an Order of Sloan J dismissing the Plaintiff’s motion to add defendants after the limitation period had expired. The appeal was dismissed. The Plaintiff was injured when she was struck by a vehicle while crossing the street in 2009….

The Court of Appeal finds Spilt Coffee at a Drive-Through is an Insurable Accident
The Ontario Court of Appeal in Dittman v Aviva 2017 ONCA 617 upheld the default motion judgement from Justice R.D. Gordon who found that the respondent was impaired due to an accident as defined in the Statutory Accident Benefits Schedule (O. Reg 34/10, Effective September 1, 2010) (SABS). The respondent…

Compelling Attendance at an Examination Under Oath Requires Notice but not Reason
Aviva Insurance Company of Canada v McKeown, 2017 ONCA 563 This case resulted from an appeal from Aviva Insurance Company of Canada (“Aviva”) regarding notice an insurer must provide to examine under oath (“examination) an applicant claiming benefits under the Statutory Accident Benefits Schedule – O. Reg 34/10 (the “Schedule”)….

Assent Compliance Secures $40M Equity Investment
Kelly Santini LLP advised Ottawa technology company Assent Compliance on their $40M equity investment led by Greenspring Associates of Maryland. Assent’s suite of products manages materials compliance, ethical sourcing, inspections, supplier management and supply chain data collection from one comprehensive dashboard. The Kelly Santini team was led by Michael…