Kelly Santini’s Michael Leaver advised Ottawa-based ShipTrack on its recent acquisition by Descartes Systems Group of Waterloo, Ontario. ShipTrack provides cloud-based mobile resource management and shipment tracking solutions. These solutions help customers automate dispatch, updates on shipment status and estimated time of arrival (ETA), and eliminate paper-based delivery processes. Click…
News & Resources
Insured’s Failure to Review and Correct Written Responses to Telephone Questions Leads to Denied Claim
On June 22, 2020, Justice Belobaba of the Ontario Superior Court of Justice rendered his decision in Estate of Donald Farb v Manulife, affirming that answers provided via telephone to an insurance company and which the consumer has the opportunity to review in written form comply with Statutory Condition 2…

Supreme Court of Canada Awards Million Dollar Bonus to Employee Wrongfully Dismissed
On October 9, 2020, the Supreme Court of Canada (“SCC”) released its decision David Matthews v. Ocean Nutrition Canada Limited, 2020 SCC 26. This wrongful dismissal case clarified if and when additional compensation, such as bonuses or long-term incentive plan payouts, are owed to employees who are constructively dismissed or…
Commercial Real Estate & Construction Work Highlights
Kelly Santini LLP’s team of real estate lawyers has been helping clients build and maximize the returns from their property portfolios for over 40 years. Tell us about your next development project. Learn how our experience and local network can help you move your project from planning to completion. Recent…
Duty to Defend in the Context of Sexual Abuse Allegations
Southside Muay Thai Academy Corp. v Aviva Insurance Company of Canada, 2020 ONCA 385 In a sequence of events which is unfortunately no longer unfamiliar, an instructor in a position of authority sexually assaulted a minor who was, at the time of the assault, a student. The instructor was convicted….

As if COVID Wasn’t Bad Enough, Now We Have Zombies
Just in time for Halloween. A zombie deed is a document which is signed during a property owner’s lifetime but registered on title after the owner dies. In modern legal terminology, this should be referred to by the less catchy name of “zombie acknowledgment and direction”. In a relatively recent…

Canadian Legislation of Cannabis and Its Impact on Insurance Law
Canada will soon mark the second anniversary of the legalization of recreational cannabis. In this video for the USLAW Network virtual conference, Kelly Santini’s Jennifer Therrien shares some of the lessons learned about the impact of legal cannabis on insurers in Canada and how US and and international insurers can…
Businesses and Organizations Take Notice! New Mandatory Requirement to apply COVID-19 Screening for Workers and Essential Visitors
Recently, the Ontario Government amended Ontario Regulation 364/20 under the Reopening Ontario (A Response to COVID-19) Act, 2020. Among other things, the amendments require businesses and organizations to comply with any advice, recommendations and instructions issued by the Ministry of Health on screening for COVID-19, including the use of a…
