Stephen Appotive and Crystal Schulz successfully represented the defendants in Powell v Dowsley 2016 ONSC 1951 when the plaintiffs sued for damages of $350,000 for loss of enjoyment from the property. The defendants had installed an outdoor wood burning furnace to heat their home. The plaintiffs claimed that smoke from…

Brown v. Wahl, 2015 ONCA 778 This is an appeal from the summary judgment granted by a motion judge dismissing the appellant’s negligence action against the respondents on the basis that it was statute-barred by operation of the 2-year limitation period established by s.4 of the Limitations Act¸ 2002, S.)….

State Farm v Old Republic Insurance, 2015 ONCA 699 A heavy commercial truck rear-ended a car stopped near an intersection and the impact caused that car to rear-end the vehicle in front of it. All three vehicles were in the same lane and travelling in the same direction. The driver…

When first creating a corporation, it is common place to implement a simple share structure with only one class of shares called “common shares”.  The value of the common shares will grow as the company grows in value – this is an important aspect to remember to properly time an…

A sales technique dubbed “shadow flipping” was recently exposed by the Globe and Mail in British Columbia. Shadow flipping can be done by anyone, but its exploitation by realtors specifically is creating uproar in the real estate industry. Essentially, shadow flipping creates a mechanism whereby realtors are able to collect…

A cohabitation agreement/marriage contract is a contract setting out what would happen in the event a common law or marriage relationship ends. These agreements can be drafted narrowly in scope (dealing with specific property or assets) or more broadly. It is important that they be tailored to the unique needs…

Ontario Society for the Prevention of Cruelty to Animals v. The Sovereign General Insurance Company, 2015 ONCA 702 – This is an appeal from the Order of C.J. Brown J. of the Ontario Superior Court of Justice granting a declaration that the insurer had a duty to defend the three…

Congratulations to the Canadian Adult Recreational Hockey Association (CARHA) on the success of the 2016 Hockey World Cup which wrapped up in Windsor on April 10th. The week long tournament featured 120 teams from 15 countries. Kelly Santini LLP advised CARHA on the tournament bid & selection process, facility contracts…