In response to the Pro Bono Ontario (“PBO”) that it will be closing its Law Help Centres in Toronto and Ottawa effective December 14, 2018, the lawyers of Kelly Santini LLP have written to the Minister of Justice of Canada, Attorney General of Ontario and the Tresurer of the Law Society of…
News & Resources
Enforcing Judgments from other Jurisdictions in Ontario
In our modern global economy where cross-border transactions are prevalent, Ontario courts have increasingly recognized other jurisdiction’s laws and decisions. Notwithstanding a greater recognition of foreign judgments, creditors continue to face legal and practical challenges in enforcing foreign judgements in Ontario. Enforcing Judgments from Other Provinces All Canadian provinces and…

Webinar – How Canadian Employers Deal with Cannabis
Tuesday, December 4th at 1pm EST Jennifer Therrien, along with USLAW Network colleagues from Parlee McLaws LLP in Edmonton and Therrien Couture LLP in Montreal, are presenting this webinar which will identify prominent cannabis-related issues and concerns for employers with Canadian workforces and provide practical advice to assist employers in preventing and…

Vicariously Liability for Vehicle Owners if Possession Granted to the Driver
In Leigh v Clement, 2018 ONSC 4508 [Leigh] Justice Cornell reviewed under what circumstances an owner of a vehicle can be vicariously liable for an accident involving their vehicle under s. 192(2) of the Highway Traffic Act. In this case the driver who struck the plaintiff’s vehicle had taken his…

Kelly Santini Advises Assent Compliance on $130M Investment
Kelly Santini LLP advised Ottawa-based Assent Compliance Inc. on the $130M investment in the company by American private equity firm Warburg Pincus LLC. The firm’s team was led by Michael Leaver and assisted by Kate Craner, Kentt Coburn, Aaron Van Tassell and Sasha Wilms. This was the third investment deal…
SCC rules on the duty to provide notice of the existence of labour and material bonds.
In the recent Supreme Court of Canada decision of Valard Construction Ltd. v. Bird Construction Co., 2018 SCC 8, the Court found that a contractor had a duty to provide notice to the sub-subcontractors about the existence of a labour and material bond. The failure to provide the notice was…
Reasonable Foreseeability Cannot be Clouded by Hindsight
By overturning the Court of Appeal, the Supreme Court of Canada (SCC) in Rankin’s Garage & Sales v JJ, 2018 SCC 19 sent a strong reminder that the foreseeability of harm remains the critical limiting principle of the law of negligence. In this case, a minor plaintiff suffered catastrophic brain…

Oliveira: Canadian Courts Affirm Expansive Approach to Insurers’ Duty to Defend
In Oliveira v Aviva Canada Inc et al, 2017 ONSC 6161, the court reiterated the test for interpreting insurance provisions, and underscored the expansive approach that Canadian courts will take regarding an insurer’s duty to defend. This decision was affirmed by Ontario’s Court of Appeal in Oliveira v Aviva Canada…
