January 22, 2025
By Antoinette Monardo In Grid Link Corp. v. Foglia et al, 2024 ONSC 19 (“Grid Link 2024”), the plaintiff used documents disclosed in a Labour Relations Board proceeding to start a civil action. The defendants brought a motion to dismiss or permanently stay the action based on breach of the common law implied undertaking rule. […]
January 15, 2025
By Cameron Allan Introduction: In its recent decision in Davis v. Aviva General Insurance Company, 2024 ONCA 944, the Ontario Court of Appeal denied leave to appeal a Divisional Court decision about whether slipping on ice while walking toward one’s vehicle constitutes an “accident” as defined by the Statutory Accidents Benefit Schedule (“SABS”). The Court […]
December 18, 2024
By Shannon Mascarenhas Background The decision in Sabaratnam v. Yohanathan, 2024 ONCA 845, concerns an appeal brought by Mr. Mooka and his company, seeking to overturn a summary judgment that awarded the plaintiff $75,000 in damages for defamation, and $25,000 in punitive damages. The plaintiff also cross-appealed the motion judge’s refusal to grant a permanent […]
December 12, 2024
By Sebastian di Domenico In Truong v. Jeweler’s Mutual Insurance Company, 2024 ONCA 734, the Ontario Court of Appeal addressed when a Court can award punitive damages against an insurer who improperly denies coverage. In 2014, the appellant, Jeweler’s Mutual Insurance Company (“Jeweler’s Mutual”) issued a policy of insurance to the respondents, Mr. Truong and […]
December 04, 2024
By Riley Groskopf In Morales v. Laguardia, 2024 ONCA 869, affirming 2024 ONSC 1533, the Ontario Court of Appeal upheld a summary judgment motion based on a no liability position taken in a motor vehicle accident. Justices MacPherson, Roberts and Wilson penned a strong endorsement of a finding that there was no genuine issue for […]
November 28, 2024
In a recent decision of the Ontario Court of Appeal, Thunder Bay (City) v. Great American Insurance Company, 2024 ONCA 837, the Court of Appeal considered the circumstances in which an exclusion clause may not remove an insurer’s duty to defend. Background Various legal proceedings were pursued against the City of Thunder Bay (the “City”) […]
