April 28, 2023
At our weekly meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Serraville v. Duggan, 2023 ONSC 933. Overview: Pursuant to Rule 7.08, the minor plaintiff’s litigation guardian brings a motion seeking court approval of the portion of a tort settlement related to the minor. Facts: Audrey Serravalle, an eleven year […]
April 26, 2023
By Erin Crochetière The Court of Appeal in Wong v. Lui, 2023 ONCA 272, considered the applicability of the 15 year ultimate limitation period to claims advanced by a plaintiff who was a minor, but did not yet have a cause of action, during the running of the 15 year limitation period. In this case, […]
April 21, 2023
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Court of Appeal for Ontario in Truscott v. Co-Operators General Insurance Company, 2023 ONCA 267. Overview This appeal arose from an application for insurance coverage for claims related to a fire that destroyed a building, and the accounting papers and records within it. […]
April 20, 2023
By Jennifer Singh In Syed v. Security National Insurance Company [1], the LAT dismissed the applicant’s application and awarded the respondent, Security National Insurance Company, $2,000.00 in costs. Motions can be a useful tool at the LAT, but with finite resources frivolous motions constitute a hindrance. The awarding of costs at the LAT is rare, […]
April 14, 2023
At our weekly meeting, Taya Rosenberg discussed the recent judicial review decision of the Divisional Court in Intact Insurance Company v. Laporte et al., 2023 ONSC 1828. Factual Background In November 2018, the Respondent Mr. Laporte’s commercial property was significantly damaged by fire. The Applicant, Intact Insurance Company, had issued an insurance policy which provided payment […]
