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Friday, Jun 22, 2018

Ont. Div'l. Ct. sets aside LAT CAT decision due to the failure to comply with the rules for consultation set out in the case law

Author Michael S. Teitelbaum

In Shuttleworth v. Licence Appeal Tribunal, a three-judge panel of the Ontario Divisional Court set aside the LAT adjudicator’s decision whic... Read More
Saturday, Jun 23, 2018

Ont. Super. Ct. refuses to oppose confirmation of Referee's Report valuing the loss under a boiler policy

Author Michael S. Teitelbaum

In Healthcare Insurance Reciprocal of Canada v. Royal and Sun Alliance Insurance Company of Canada, RSA admitted there was coverage for a loss unde... Read More
Friday, Jun 22, 2018

Ont. C.A. reverses motion judge on contract interpretation and finds employment agreement's termination clause enforceable, and dismisses wrongful dismissal action

Author Michael S. Teitelbaum

In Amberber v. IBM Canada Ltd., a wrongful dismissal action, the Ontario Court of Appeal, in a 25-page decision released on June 22nd, 2018, set as... Read More
Thursday, Jun 21, 2018

Ont. C.A. upholds finding that MVACF can sue insurer which should have provided coverage as its policy was not properly terminated in unjust enrichment

Author Michael S. Teitelbaum

In Ontario (Finance) v. Traders General Insurance (Aviva Traders), a 24-page decision released on June 21st, 2018, the Ontario Court of Appeal agre... Read More
Thursday, Jun 21, 2018

Ont. Super. Ct. refuses to order production of communications between counsel and experts exchanged in the course of preparation of the experts' affidavit evidence

Author Michael S. Teitelbaum

In Simons v. Canada (Attorney General), Ontario Superior Court Justice Perell, in a 23-page decision, addresses the law of privilege and the law of... Read More
Wednesday, Jun 20, 2018

N.S.C.A. upholds dismissal of fire coverage claim on basis of arson while summarizing the test for the civil defence of arson

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Bidart Estate v. Portage La Prairie Mutual Insurance Company, the Nova Scotia Court of Appeal,... Read More
Monday, Jun 18, 2018

In uninsured motorist claim, Ont. Master orders production of defendant owner's insurer's and broker's files to see if driver who is said to have had no consent was listed as a driver

Author Michael S. Teitelbaum

In Robichaud v. McAulay, a mva action which includes an uninsured/underinsured claim, on a motion by the uninsured carrier, Ontario Master McAfee o... Read More
Saturday, Jun 16, 2018

Ont. Div'l. Ct. upholds LAT Adjudicator's decision that attendant care benefits claim limitation-barred because if there was an extricable question of law, the decision fell within the range of available outcomes

Author Michael S. Teitelbaum

In Oliver v. Brant Mutual Insurance Company, a three-judge panel of the Ontario Divisional Court dismissed the insured's appeal from the LAT Adjudi... Read More
Thursday, Jun 14, 2018

Ont. C.A. reverses application judge, and holds that because Certificate of Automobile Insurance referred to OPCF 5 Form, lessor is entitled to liability coverage

Related Lawyer Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, the Ontario Court of Appeal in Coast Capital Equipment Finance Ltd. v. Old Republic Insurance Com... Read More
Wednesday, Jun 13, 2018

Ont. Div'l. Ct. upholds LAT finding that claimant was entitled to SABs as an insured person resident in Ontario with test being "ordinary" not "actual" residence

Author Michael S. Teitelbaum

In Security National Insurance Company v. Kumar, a three-judge panel of the Ontario Divisional Court upheld the finding of the LAT Adjudicator that... Read More
Wednesday, Jun 13, 2018

Ont. C.A. finds that plaintiff met low evidentiary threshold in respect of due diligence and set aside motion judge's order refusing to add defendants in class action alleging a secret conspiracy

Author Michael S. Teitelbaum

In Mancinelli v. Royal Bank of Canada, the Ontario Court of Appeal, in a decision released on June 13th, 2018, set aside the motion judge's order t... Read More
Tuesday, Jun 12, 2018

Ont. Super. Ct. upholds SABS Arbitrator's finding that claimant who developed back problems from driving in a collapsed driver's seat was involved in an accident and entitled to SABs

Author Michael S. Teitelbaum

In State Farm Mutual Insurance Co. v. Economical Mutual Insurance Co., Ontario Superior Court Justice Favreau upheld Arbitrator Fred Sampliner's de... Read More
Monday, Jun 11, 2018

In order to determine if there is an identifiable class, Ont. Super. Ct. orders production of portions of investigation reports in proposed cyber attack class action

Author Michael S. Teitelbaum

In Kaplan v. Casino Rama Services Inc., a proposed class action arising out of a cyber attack announced by Casino Rama on November 10, 2016, in re... Read More
Friday, Jun 08, 2018

Ont. C.A. upholds findings in environmental claim, including that defendant company was liable under the EPA and in nuisance for contamination of the plaintiff's properties

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Huang v. Fraser Hillary's Limited, the Ontario Court of Appeal, in a decision released on June... Read More
Thursday, Jun 07, 2018

Ont. Div'l. Ct. upholds application judge's finding that lessor's policy obliged to respond where rental vehicle driver was a listed driver in an owner's policy

Author Michael S. Teitelbaum

Related Lawyer Jay M. Silber

Further to the earlier Blawg post, pasted below, in Enterprise Rent-A-Car. v. Intact Insurance, a three-judge panel of the Ontario Divisional Court... Read More
Wednesday, Jun 06, 2018

S.C.C. addresses jurisdiction and forum in claims for Internet defamation, and reverses Ont. C.A. on issue of forum

Author Michael S. Teitelbaum

Further to the previous Blawg posts, pasted below, in the now titled Haaretz.com v. Goldhar, the Supreme Court of Canada in 130-page Reasons releas... Read More
Friday, Jun 01, 2018

S.C.C. agrees with approach formulated to determine incivility while reversing Ont. C.A.'s and Law Society Appeal Panel's finding of professional misconduct for incivility

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in a 119-page decision released on June 1st, 2018, in Groia v. Law Society of Upper Canada, the S... Read More
Thursday, May 31, 2018

Ont. C.A. quashes appeal from order adding party defendant on basis the order was interlocutory, and the limitation issue can be re-litigated at trial

Further to the previous Blawg post, pasted below, in the now titled Prescott & Russell (United Counties) v. David S. Laflamme Construction Inc.... Read More
Wednesday, May 30, 2018

Ont. C.A. dismisses appeal from trial judge's finding that Barrie not liable for injury plaintiff sustained on snow slide

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in the now titled Martin v. Barrie (City), the Ontario Court of Appeal, in Reasons for Decision r... Read More
Wednesday, May 30, 2018

Ont. Super. Ct. takes into account the defendant's refusal to mediate in fixing plaintiff's costs after trial in occupiers' action against a speedway

Author Michael S. Teitelbaum

Following a seven-day Belleville jury trial, Ontario Superior Court Justice Mew fixed the lawyers' fees, (disbursements having been agreed upon), ... Read More
Tuesday, May 29, 2018

Hughes Amys' Jason Arcuri secures summary dismissal of third party claim alleging negligent supervision of a child bitten by a dog

Author Michael S. Teitelbaum

Related Lawyer Jason Arcuri

Congratulations to my partner, Jason Arcuri, who successfully secured the summary dismissal of the third party claim in Wiens v. Mino, which involv... Read More
Tuesday, May 29, 2018

Sask. Q.B. finds "drug exclusion" in fire insurance policy excluded loss, while holding tenants liable to the landlord insureds for the loss

Author Michael S. Teitelbaum

In Carteri v Saskatchewan Mutual Insurance Company, a 58-page decision in respect of two actions, the Saskatchewan Court of Queen's Bench, by way o... Read More
Monday, May 28, 2018

Ont. Div'l. Ct. dismisses appeal from LAT Adjudicator's finding that claimant baby failed to prove she required full-time attendant care assistance

Author Michael S. Teitelbaum

In D.O. v. TD Insurance Meloche Monnex, a three-judge panel of the Ontario Divisional Court dismissed the appellant baby's appeal from the LAT Adju... Read More
Saturday, May 26, 2018

B.C.C.A. reverses finding that liability admission for accident in first action, and not in second action, was an abuse of process because admission did not result in a judgment in first action

Author Michael S. Teitelbaum

Further to the previous Blawg post, pasted below, in Glover v. Leakey, the British Columbia Court of Appeal allowed the appeal in part, finding tha... Read More
Saturday, May 26, 2018

Ont. C.A. reverses motion judge's finding that action for flooding damage against municipality was limitation-barred where claim had also been made against municipality at OMB for injurious affection

Author Michael S. Teitelbaum

In Har Jo Management Services Canada Ltd. v. York (Regional Municipality), the Ontario Court of Appeal, in a decision released on May 23rd, 2018, s... Read More
Friday, May 25, 2018

Ont. C.A. interprets Illegal Substances Clause in standard Agreement of Purchase and Sale finding it is limited to Sellers' knowledge and belief at the time of the agreement's execution

Author Michael S. Teitelbaum

In Beatty v. Wei, the Ontario Court of Appeal, in a 21-page decision released on May 24th, 2018, addressed the interpretation of the Illegal Substa... Read More
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