COURT OF APPEAL NARROWS SCOPE OF DEFENCES AVAILABLE TO MUNICIPALITIES IN ROAD AUTHORITY CASES
Although it has been late in coming to Southern Ontario this year, winter weather is finally upon us. As municipalities scramble to keep roads safe for winter driving conditions, they would do well to note the recent Ontario Court of Appeal decision of Giuliani v The Regional Municipality of Halton and the Town of Milton [...]
NO SUIT FOR YOU: THE RIGHT TO SUE PROVISIONS OF THE WORKPLACE SAFETY AND INSURANCE ACT
Under the Workplace Safety and Insurance Act, a worker employed by a Schedule 1 employer who is injured in the course of employment is barred from commencing a civil action against another Schedule 1 employer. This is because Schedule 1 employers are required to contribute to the WSIB insurance fund. The rationale behind this legislative [...]
YOU CAN’T SPELL CATASTROPHIC WITHOUT CA
On December 23, 2011 the Ontario Court of Appeal released a decision which has clarified the method by which catastrophic impairment may be assessed under the Statutory Accident Benefits Schedule (SABS). The case, called Kusnierz v. Economical Mutual Insurance Co., deals with the situation where a person’s injuries do not fall under one of the [...]
IS THE TORT OF INVASION OF ACTIONABLE IN ONTARIO?
On January 18, 2012, the Ontario Court of Appeal released its decision in Jones v. Tsige, 2012 ONCA 32. At issue was whether invasion of personal privacy was a recognized tort in Ontario. Ms. Jones and Ms. Tsige worked for the same bank, but at different branches. They did not know each other, but Ms. [...]