The Workplace Safety and Insurance Act contains restriction on the right to sue for workplace injuries. These rights depend on whether the injured worker and the defendant are in the same schedule as set out in the act. A worker in a Schedule One industry cannot sue any other Schedule…
According to Statistics Canada, 2014 saw 149,900 total injuries resulting from motor vehicle accidents (“MVAs”) – including 1,834 fatalities1. When exploring the cause of these accidents, human error is typically to blame2. To combat these statistics, each year brings new technological advances to our consumer goods, and the auto industry…
Congratulation to Lisa Langevin who has been named as one of three finalists for the Business Woman of the Year in the professional category. Lisa joined Kelly Santini LLP as an articling student in 2001 and became a full partner in the firm earlier this year. She is a bilingual…
In recent years, more and more people have begun living together without marrying. In Ontario, property entitlements automatically arise when two people marry. Without a domestic contract (cohabitation agreement or marriage contract), this necessitates the valuation and division of assets on separation or the death of a spouse. Common law…
According to the United States Census Bureau, Canada is the USA’s second largest trading partner, only slightly behind China, with over $500 billion in two-way trade goods annually. The industrial economies of Canada and the USA are highly integrated, with manufacturing plants in each country sending millions of components back…
Insurance defence lawyers Shawn O’Connor, Samantha Iturregui and Crystal Schulz discuss key court rulings from 2016 that will impact insurers in 2017 and beyond. Cases analyzed are: Daggitt v Campbell, 2016 ONSC 2742 Watts v. Bowman, 2016 ONSC 3994 Gardiner v. MacDonald, 2016 ONCA 968 State Farm v. Aslan, 2016…
Vlanich v. Typhair 2016 ONCA 517 The Plaintiffs were injured in a motor vehicle accident involving a taxi which was not insured in accordance with the municipal by-laws. The by-laws required that taxis have a minimum of $1 million in insurance. The Plaintiffs sued the taxi driver, their insurer State…
Skunk v Ketash et al 2016 ONSC 2019 This was a motion for a summary judgment by the Defendant Jevco, to dismiss a claim by the Plaintiff, it insured. The claim arose when Jevco denied coverage to the insured, after the Plaintiff was involved in a single-vehicle accident. The Plaintiff, Mr….