Michael Kealy
YOU CAN’T BRING TEETH TO A FIST FIGHT
Michael Kealy’s recent trial win for a client who had part of his lips bitten off by the defendant has been reported in The Lawyers Weekly. Check out the story here, or learn more about the law of intentional torts and the related defences in the Trial Decision.
OCCUPIER’S LIABILITY AT A WEDDING; OR, RISK AND RISKY MOVES ON THE DANCE FLOOR
We’ve all been there. At the family wedding. Having a few drinks. At some point, the dance floor opens up and becomes flooded with people sweating out the alcohol or trying to impress the room with their moves. The party-goers are responsible for their own risky moves: the Carlton dance is long since over; the [...]
LOSS TRANSFER LIMITATION PERIODS: ARE WE LOST OR LIMITED?
When does the limitation period start to run on a loss transfer dispute? Until recently, this question was answered with reference to the Court of Appeal’s 2005 decision State Farm v. Dominion, in which the Court held that a “rolling limitation” applies (under the pre-2004 Limitations Act), such that a new limitation period arises with [...]
WHAT HAPPENS IN VEGAS STAYS IN VEGAS: STATEMENTS TO THE INSURER
You’re in a car accident. You call your insurance company. You give a statement to your insurance company about what happened. And then you’re sued. Can the other side see your statement? According to the Divisional Court in Sangaralingam v. Sinnathurai (2011), 105 O.R. (3d), they can’t see your statement. This makes a lot of [...]
FRUSTRATION OF THE EMPLOYMENT CONTRACT: NO HARM, NO FOUL? NOT NECESSARILY!
What is Frustration of Contract? Most wrongful dismissals involve two scenarios: Either the employee essentially ends the employment contract because he or she does something horribly wrong (i.e. steals from the employer), or more commonly, the employer ends the contract “without cause.” The former scenario results in no damages owing to the employee; the latter [...]
PERSONAL INJURY DAMAGES ARE ON THE RISE
There are two main sets of damages available in personal injury cases: non-pecuniary general damages (generally known as damages for pain and suffering) and pecuniary loss (i.e. the financial cost to an injured person). Non-pecuniary general damages in Canada are limited by a cap which was imposed by the Supreme Court of Canada in 1978. [...]
BUT DO YOU REALLY MEAN IT? LITIGATION PRIVILEGE AND THE INVESTIGATION FILE
Insurance adjusters are sometimes surprised when their investigation file ends up in the hands of the other side. This is especially true when they were suspicious of the claims being made at a very early stage. While we routinely see this issue every day in our practice, addressing it is not necessarily routine. At some [...]