On June 7, 2012, the Court of Appeal rendered its decision in Deering v. Scugog (Township). The case arose out of a car accident which happened in 2004. Shannon Deering, age 19, and her younger sister, Erica, 17, were driving to a movie theatre in Whitby with three friends. They were travelling along an unlit section of road. As Shannon crested a hill, she was suddenly faced with the headlights of an oncoming vehicle. She thought the vehicle was going to collide with her car. In fact, the oncoming vehicle was in its proper lane, but a slight jog in the road made it appear to Shannon that the oncoming car was in her lane. Shannon swerved to the right, lost control and over-corrected. Shannon’s car careered into a ditch, rolled twice and smashed into a rock culvert. Shannon and Erica suffered spinal cord injuries and were rendered paraplegics. The other passengers also sustained injuries. Continue Reading…
Where There’s Smoke…
THE BACKGROUND
In August 2000, there was a fire at the Brandiferri family home. It has taken over a decade for the smoke to clear, and what the legal and insurance industries are left with is a blunt reminder of what it means to act in good faith with an insured.
The Brandiferris’ home was insured with Wawanesa. Pursuant to the policy they had coverage for the house, personal property and additional living expenses. After the fire, Wawanesa sent in an experienced adjuster to deal with the situation. Continue Reading…
It Might Not Be Legal, but It’s Authorized
In the recent decision Kereluik v. Jevco Insurance Company, 2012 ONCA 338, the Court of Appeal ruled in on whether an insured who clearly acts outside of the law can still be authorized by law to drive within in the meaning of s.4(1) of O.Reg. 777/93 of the Insurance Act (“Condition Four”). This case provides guidance to insurers with respect to coverage for an insured who was breaking the law at the time of the motor vehicle accident. Continue Reading…
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 Courts require insureds to act reasonably in the circumstances. What is “reasonable” will depend on the circumstances. This case provides some comfort to insureds who don’t police their friends and employees before lending their vehicle, as many of us have done in the past. Continue Reading…
Take Me Out to the Ball Game
Seems everyone’s talking baseball. The team’s off to a good start. Could this be the year? Does the team need another big bat in the middle of the order? Does the team have enough pitching?
Even lawyers are talking baseball. Thing is, some lawyers can’t help looking at baseball a little differently. When a lawyer watches a foul ball, or eyes the kid next to him eating a big chilli cheese dog, or sees the loud drunk in the next section get his second warning, that lawyer’s probably thinking “Uh oh … Lawsuit?” That’s understandable though. You see: The grand old game has been the source of some interesting litigation. I thought it would be fun to tell you about some of it. Continue Reading…
The Play’s the Thing
Have you ever wondered if lawyers can be entertaining? Have you ever wanted to see a group of 30 lawyers break into dance? Now is your chance!
For the past three years the Nightwood Theatre has put on a Shakespearean comedy that is performed by members of the legal community. This has become an important annual fundraiser for the Toronto-based theatre company, with the proceeds of the play going towards enhancing Nightwood’s productions and training programs. Continue Reading…
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.
Changing Horses Midstream
Gordyukova v. Certas Direct Insurance Company, 2011 ONSC 6535
This recent Divisional Court decision provides that issues within accident benefits claims can be continued within the context of an arbitration or a court action provided that both proceedings were commenced within the applicable limitation period under the Insurance Act, R.S.O. 1990, c.1-8. Continue Reading…
MMW Burns Supper
January 25th is the birthday of Robert Burns, Scotland’s most celebrated poet. On January 25, 2012, MMW marked the occasion of Burns’s 203rd birthday with a traditional Burns Supper for our clients and friends. The MMW Burns Supper was held at historic Sir William Campbell House in Toronto. Continue Reading…
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 Chicken Dance will get a decent reaction but looks silly; and air guitar only works for those who have practiced in advance. Continue Reading…