Focus On



Monday, August 31, 2020 @ 3:18 PM

Banking regulator to end COVID-related measures on pension plan transfers, loan deferrals

Canada’s federal banking regulator has announced it is phasing out a number of measures it put into place in March to combat the economic effects of the COVID-19 pandemic. ... [read more]

Monday, August 31, 2020 @ 12:33 PM

Difference between a contract and a policy in group insurance programs Group insurance icon

The Ontario Court of Appeal in Van Huizen v. Trisura Guarantee Insurance Company 2020 ONCA 222 reiterated the difference between an insurance policy and an insurance contract, and clarified when an insurer’s duty to defend may be engaged for individuals participating in a group insurance program. ... [read more]

Monday, August 31, 2020 @ 9:47 AM

Court clarifies appellate review of single-judge rulings on leave requests under bankruptcy act Joseph_Obagi

In a rare and complex ruling on a complicated case involving bankruptcy and insurance coverage, the Ontario Court of Appeal clarified the scope of one of its previous rulings on the court’s jurisdiction to review a decision of a single judge regarding requests for leave to appeal under the federal Bankruptcy and Insolvency Act (BIA). ... [read more]

Wednesday, August 26, 2020 @ 1:20 PM

Court of Appeal insurance ruling could be relevant to COVID-19 cases, says lawyer Emily Stock sm

When is a flood not a flood? In the age of climate change and COVID-19, the Ontario Court of Appeal recently answered that critical insurance question in a case involving a Mississauga wedding and convention centre that was significantly damaged by the biggest rainstorm in the region’s recorded history. ... [read more]

Tuesday, August 25, 2020 @ 5:42 AM

CIVIL PROCEDURE - Mandatory injunctions

Appeal by the defendant from a mandatory interlocutory injunction compelling her to co-operate in the demolition and rebuilding of a residence on property of which she was a registered owner as a tenant in common. ... [read more]

Monday, August 24, 2020 @ 12:02 PM

Conservatives’ impaired approach to Ontario’s liquor laws | Jerry Levitan

Ontario’s liquor policy has sputtered rather than evolved since the post-Prohibition era depending on the government of the day, erupting issues and political considerations. Comparatively and in the relative scheme of things, it did not take that long for a licensing regime to be implemented for the sale and distribution of cannabis. Both substances alter behaviour and cognitive ability. But cannabis, I suppose, is deemed different given that you cannot, as of yet, order a joint or two with your wings and cause problems. ... [read more]

Thursday, August 20, 2020 @ 1:03 PM

Despite COVID-19 guidelines, insurers still deny attendant care claims | Joseph Campisi

On June 3, more than two months after Ontario declared a state of emergency, the Financial Services Regulatory Authority of Ontario (FRSA) released an Interpretation titled: “Statutory Accident Benefits Claims during the COVID-19 Outbreak.” ... [read more]

Thursday, August 20, 2020 @ 9:30 AM

Surge in COVID-19 justice issues could spur Legal Aid Ontario funding crisis, lawyers warn David McKillop sm

The federal government needs to step in to avert a funding crisis facing Legal Aid Ontario that could prevent access to justice for thousands of people hit hardest by the COVID-19 pandemic, say some lawyers and leaders on the front lines of legal aid. ... [read more]

Wednesday, August 19, 2020 @ 8:51 AM

AUTOMOBILE INSURANCE - Compulsory government schemes - No fault regimes

Appeal by the defendant from a decision allowing the respondents to proceed with their personal injury action pursuant to s. 104 of the Automobile Accident Insurance Act on the basis that the appellant was convicted of impaired driving because of the collision with the respondents. ... [read more]

Tuesday, August 18, 2020 @ 12:21 PM

Ontario Court of Appeal considers right to proceeds of after the event insurance People looking at insurance policy

The rise in popularity of after the event (ATE) insurance has led to a growing body of evolving case law. ATE insurance (also known as “adverse costs insurance”) insures a plaintiff against the risk of an adverse costs award if a plaintiff loses their personal injury claim or provides coverage for legal expenses and disbursements incurred by a plaintiff’s lawyer. ... [read more]