Knowledge Centre

Arcari v Dawson, 2016 ONCA 715 – This is an appeal from an Order of Sloan J dismissing the Plaintiff’s motion to add defendants after the limitation period had expired.  The appeal was dismissed. The Plaintiff was injured when she was … Read more »

It is trite to say that the hallmark of the Canadian judicial system (and of most common-law jurisdictions) is fairness. In pursuit of preserving that hallmark, the law governing expert witnesses has evolved greatly over the past 20 years.  Gone … Read more »

The members of Risk Management Counsel of Canada (RMC) have teamed up to produce a Guide to Litigation in Canada.  The guide offers an introduction to the key steps to progressing a claim in each Canadian province.  The guide will … Read more »

A person may be injured by the shared act of two or more joint tortfeasors or by the independent acts of several, concurrent tortfeasors. Defendants in a civil suit can be held jointly and severally liable if their combined actions … Read more »

Unlike Automobile Policies, the contents of Homeowners Policies are not standardized. Policies often have different wording and, even where the differences are subtle, this can lead to very different outcomes. As a result, the interpretation of Homeowner’s policies is very … Read more »

This Court of Appeal decision arises from an unsuccessful application brought by the Defendants to strike an action due to delay. In this case, the Defendants were accused of liable for fraud and breaches of contract. Read more

On the March 9, 2017 decision of Taylor & Lieberman v. Federal Insurance Company,[1] the Ninth Circuit Court of Appeals affirmed a decision of the U.S. District Court for the Central District of California holding that a business management firm did … Read more »

Aviva Insurance Company of Canada v McKeown, 2017 ONCA 563 – This case resulted from an appeal from Aviva Insurance Company of Canada (“Aviva”) regarding notice an insurer must provide to examine under oath (“examination) an applicant claiming benefits under the … Read more »

The Ontario Court of Appeal in Dittman v Aviva 2017 ONCA 617 upheld the default motion judgement from Justice R.D. Gordon who found that the respondent was impaired due to an accident as defined in the Statutory Accident Benefits Schedule (O. Reg 34/10, Effective … Read more »

Although this seems to be a concept that is basically quite simple and well defined in the insurance industry, the courts of Quebec and Ontario have recently been called upon to rule on the concept of replacement cost. Accordingly, we … Read more »