The RISK (Rulings Insurers Should Know) Case Law Report provides insurers and brokers with a timely review of important case law from the Ontario courts. Each case law report includes analysis and recommendation on the actions insurers should take as a result of these court rulings. To see all RISK…
Daggitt v Campbell, 2016 ONSC 2742 This was a motion brought by the defendant seeking an independent medical examination of the plaintiff with a psychiatrist pursuant to section 105 of the Courts of Justice Act and Rule 33 of the Rules of Civil Procedure (Rules). This case stems from a…
Middleton v Pankhurst, 2016 ONSC 3157 The primary issue in this case was whether Mr. Pankhurst was “authorized by law” to drive within the meaning of Statutory Condition 4(1) O Reg 777/93 of the Insurance Act, which provides as follows: The insured shall not drive or operate or permit any…
Kelly Sample, André Munroe and Madelaine Thurston led Kelly Santini’s team advising McIntosh Perry on its recent merger with CCI Group. The merger was facilitated and supported by a capital investment by Signal Hill Equity Partners, a private equity fund focusing on Canadian mid-market companies. The newly combined company,…
Beginning on January 1, 2017, Canada’s current tax regime for eligible capital property (ECP) will be replaced by a new capital cost allowance (CCA) class. This change was proposed in the 2016 Federal Budget in an effort to simplify the existing tax rules related to ECP. The new regime may…
Kelly Santini’s Lisa Langevin was elected USLAW Network Inc.’s board of directors at the association’s recent annual meeting. Kelly Santini became USLAW’s first Canadian member in 2011. Today the network consists of over 100 law firms and 6,000 lawyers who work together to deliver consistent, cohesive and cost-effective legal services…
Farrell v Costco Wholesale, 2015 ONSC 7783 In this case, Costco brought a motion seeking leave from the court to issue a third party claim. Rule 29.02 of the Rules of Civil Procedure provides that the court must grant a party leave to issue a third party claim, unless doing…
Silva v John Doe, 2016 ONSC 307 Section 25(1) of the Motor Vehicle Claims Act, R.S.O 1990, c.M41 (Act) precludes payments out of the Motor Vehicle Accident Claims Fund (Fund) to any person “who ordinarily resides in a jurisdiction outside Ontario” at the time of the motor vehicle accident. At…