September 14, 2022
By Meryl Rodrigues In its recent decision of Hamilton-Wentworth District School Board v. Zizek, 2022 ONCA 638, the Court of Appeal added to its recent line of authority with respect to disclosure obligations on a party who enters into a partial settlement agreement, such as a Mary Carter or Pierringer agreement. Background & Motion The […]
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 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 […]
May 11, 2022
By Natalia Sheikh Overview In 202135 Ontario Inc. v. Northbridge General Insurance Corporation, 2022 ONCA 304, the Ontario Court of Appeal ruled in favour of the insured on an insurance coverage application related to coverage for business interruption losses as a result of the COVID-19 pandemic. This appears to be the first such COVID-related coverage […]
April 29, 2022
This week, our weekly firm meeting was held on Thursday afternoon! Michael Kryworuk discussed the recent decision of the Court of Appeal in 1152729 BC Ltd v. Chicago Title Insurance Company Canada, 2022 ONCA 321. History of the Litigation: This appeal arises from a coverage dispute between the appellant insurer Chicago Title Insurance Company Canada […]
April 08, 2022
At our weekly meeting, Pip Swartz discussed the recent decision of the Ontario Court of Appeal in Stamatopoulos v. Harris, 2022 ONCA 179. Facts Stamatopoulos v. Harris is a case about municipal negligence. In 2004, a motor vehicle drove over a road depression, spun, and collided with a pole. The plaintiff, who was a passenger […]
