March 30, 2021
By Jocelyn-Rose Brogan There are dangers in everyday life, but people do not need to be warned of all dangers. For instance, people do not need to be warned that jaywalking in rush hour traffic is dangerous. In occupiers’ liability claims, defendants should consider whether an alleged danger is an obvious one, in which case […]
March 29, 2021
Spring is here, which means it’s time for the Spring 2021 edition of our newsletter, In|Sight! We hope you find the following topics to be of interest: Is There a Duty to Warn of Obvious Dangers? How Technology Can Outpace Law Reform Amendments to Occupiers’ Liability Act: Reasonable Excuse and Prejudice The COVID Legal Landscape […]
March 03, 2021
By Erin Crochetière In Jonas v. Elliott, 2021 ONCA 124, the Court of Appeal added to the history of cases in which the courts have declined to recognize a duty of care between social hosts and those injured by the actions of their guests.[1] The plaintiff, Mr. Jonas, was assaulted by a guest while attending […]
February 24, 2021
By Emily Vereshchak The mid-trial ruling of Justice Tranquilli in Solanki v. Reilly, 2021 ONSC 1326,[1] provides an analysis of the importance for counsel to ensure there is a “meeting of the minds” with regards to which claims are being pursued at trial. Overview The plaintiff sought to lead the evidence of an occupational therapist […]
February 18, 2021
Matthew Umbrio was recently published in a two-part series in The Lawyer’s Daily. Matthew discusses two recent court decisions on motions to strike jury notices. The two parts can be found here: Part 1 Part 2
February 17, 2021
By Colleen Mackeigan In the recent decision of Unifund Insurance Company v. Chartis Insurance Company of Canada (January 14, 2021), Arbitrator Bialkowski granted a wide breadth of documentary production requested in the context of a loss transfer dispute. His decision was predicated on the reasonableness of the requests and the probative value of the documents […]