Eric Appotive successfully represented the Township of Admaston / Bromley before the Ontario Municipal Board (OMB) in an expropriation claim for injurious affection. The claim was brought by the landowner after the Township expropriated a parcel of land in conjunction with a former landfill site.The plaintiffs claimed for increased compensation…
Monk v. Farmers’ Mutual Insurance Co. (Lindsay) 2015 ONCA 911 In this case, the appellant hired a restoration company to restore the exterior of her home using a renovation technique that involved the use of water. The company was required by contract to seal any part of the exterior where…
Dams v TD Home and Auto Insurance Company 2016 ONCA 4 This case concerned the appeal and cross-appeal of a Superior Court of Justice decision from November 2014. On June 26, 2009, the appellant, Wolfgang Dams, stopped his motorcycle for a red light at an intersection. Mr. Dams slowly turned…
A post from employment lawyer Sean Bawden’s award winning ‘Labour Pains’ blog made it into the written submissions to the Supreme Court of Canada in Wilson v AECL. Just because you haven’t appeared before the Supreme Court of Canada (yet), it doesn’t mean they aren’t listening to what you have…
Corbett v Odorico, 2016 ONSC 1964 This is a post-verdict decision with respect to the applicable statutory deductibles, pre-judgment interest calculation, and set-offs to this decision. The jury returned its verdict on December 16, 2015, and awarded the Plaintiff and her family the sum of $141,500.00 which was broken down…
Corresponding Insurer Obligations: 2nd Payors Must Inquire & 1st Payors Must Promptly Respond Arcelormittal Dofasco Inc v Industrial Alliance Insurance and Financial Services, 2016 ONCA 224 In this case, D.C., a woman with a rare blood disease, was prescribed the drug Soliris to manage her condition by her hematologist. The…
Economical Mutual Insurance Company v. Caughy 2016 ONCA 226 The insured was injured when he tripped over a parked motorcycle at a campsite. The incident caused serious spinal cord injuries. The insured sought accident benefits but was denied by the insurer on the basis that the incident did not meet…
Deslaurier Custom Cabinets Inc. V. 1728106 Ontario Inc. et al. 2016 ONCA 246 In this case, Deslaurier Custom Cabinets Inc (the “tenant”) had leased several units in a building belonging to 1728106 Ontario Inc. (the “landlord”). A section of the tenant’s lease required the tenant to obtain insurance coverage for any…