July 06, 2022
By Meryl Rodrigues In its recent decision of Demme v. Healthcare Insurance Reciprocal of Canada[1], the Court of Appeal addressed the commercial liability insurer’s duty to defend actions based on the tort of intrusion upon seclusion against an employee of the insured, ultimately affirming the insurer’s denial of coverage under the responding policy. The plaintiff, […]
June 22, 2022
By Jennifer Singh In our March 31, 2022 blog post[1], we discussed the decision in Atsaidis v. Sanford, 2022 ONSC 1690, wherein a consent adjournment of trial to permit the defendants to bring a summary judgment motion on a limitation period issue was denied by Justice D.A. Wilson. Justice Wilson scheduled the motion for two […]
June 15, 2022
By Emily Vereshchak In Chaboyer et al v. Gill et al, 2022 ONSC 3452, the Court analyzed the details of the plaintiff’s living circumstances to determine whether she could be classified as an “eligible claimant” and make a claim pursuant to an OPCF 44R Family Protection Endorsement in an insurance policy held by her mother. […]
June 14, 2022
At examinations for discovery, counsel will sometimes ask for a summary of an opposing party’s statement. Such a summary usually does not have to be provided, if the statement is protected by litigation privilege. This issue was addressed by the Divisional Court in Sangaralingam v. Sinnathurai, 2011 ONSC 1618 (Div. Ct.). In that case, the […]
June 08, 2022
By Erin Crochetière The Ontario Court of Appeal heard the appeal in Pullano v. Hinder, 2022 ONCA 418 regarding an action for battery, and counter-claim in defamation. The plaintiff, Mr. Pullano, was punched in the chest by the defendant, Mr. Hinder. Mr. Hinder’ s employer was also named in the action, and was alleged to […]
June 01, 2022
By Athina Ionita In Dent-X Canada v. Houde, 2022 ONCA 414, the Court of Appeal considered whether a defamation action concerning an internet post about the plaintiff’s services in supplying face masks during the COVID-19 pandemic should be dismissed pursuant to Ontario’s “anti-SLAPP” legislation, s. 137.1 of the Courts of Justice Act, R.S.O. 1990, c. […]