Forough Ghorbani
HAPHAZARD MAINTAINANCE LEADS TO LIABILITY: Labanowicz v. Corporation of the Town of Fort Erie, 2018 ONCA 343
1.0 Overview The duty of care owed by a municipality to persons using recreational trails is set out in section 4 of the Occupiers’ Liability Act. This section provides a lesser duty of care than section 3(1) of the Act, which requires that occupiers take steps to see that persons entering on the premises are [...]
ATVs, Farming and Insurance
In the recent decision of Matheson v. Lewis, 2014 ONCA 542, the Ontario Court of Appeal was asked whether an unmodified all-terrain vehicle owned by a farmer and used in farm operations was a “self-propelled implement of husbandry” and therefore not subject to the province’s compulsory motor vehicle liability insurance regime.
A lesson learned: Don’t rely too heavily on surveillance
Fernandes v. Penncorp Life Insurance Company, 2014 ONCA 615 In the recent Court of Appeal decision Fernandes v. Penncorp Life Insurance Company, the Court of Appeal upheld a punitive damages award of $200,000 but reduced a damages award of $100,000 for mental distress to $25,000 in a claim involving disability benefits.
$1MILLION AND NOT A PENNY MORE: NO COVERAGE UNDER LESSOR’S POLICY FOR LESSEE
Are you handling a case involving a motor vehicle accident which occurred between March 1, 2006 and January 1, 2008? Is there a leasing company involved? Even if your answers are no and no, you won’t want to skip this fascinating blog post.
Good Faith: What Is It Good For?
A motor vehicle accident was alleged to have occurred on October 29, 2007, involving the plaintiff, Hamid Dervisholli (“Hamid”) and the defendant, Roman Cervenak (“Cervenak”). State Farm Mutual Automobile Insurance Company insured both vehicles involved in the alleged collision. Hamid made a claim for accident benefits from State Farm and also commenced a tort action [...]
Sometimes a Swimming Pool Is Just a Swimming Pool
On December 24, 2007, a guest at Blue Mountain Resorts drowned while swimming in an unsupervised indoor pool at the resort. An Ontario Labour Relations Board inspector decided the incident ought to have been reported to the Ministry of Labour on the basis that it was a death or critical injury incurred by a person¹, [...]
Assault by Accident
Martin v. Certas Direct Insurance Company et al., 2013 ONCA 19 In a recent decision, the Ontario Court of Appeal addressed the issue of whether the plaintiff, Martin, was entitled to statutory accident benefits and indemnity for damages for personal injuries under the unidentified/uninsured/underinsured provisions of his insurance policy with Certas Direct Insurance Company after [...]
The Other Guy Didn’t Add You As an Insured? What Now?
Maria Papapetrou v. 1054422 Ontario Limited, The Cora Group Inc. and Collingwood Landscape Inc.¹ We have all come across a situation where pursuant to a contract for services, A was to name B as an additional insured under its insurance policy but failed to do so. Naturally, B would then demand that A’s insurer assume [...]
Oops. Sorry. I Thought He Had a Driver’s License
How cautious does someone have to be when allowing a friend or employee borrow their car? Do you need to ask to see their driver’s license and check the expiry date to ensure that your insurance policy will cover you for any potential accidents? The recent case Wawanesa v. S.C. Construction Ltd.¹ demonstrates that the [...]