MMW LLP
154 University Ave, Suite 500
Toronto ON  M5H 3Y9
Where the Rubber Meets the Road With Statutory Threshold
As five recent Superior Court decisions show, when determining whether a plaintiff’s injuries meet the statutory threshold, the medical facts make or break the case. The statutory threshold as …
Holy Backlog, Batman!
This March features two highly anticipated debuts: the new movie The Batman opens in theatres and exciting changes to the Rules of Civil Procedure come out in Ontario courts. Okay, “exciting” may not …
Close, but No Claim: Limitation Window Shuts Plaintiff Out
If your insurance company is withholding payments, then you should know you’ve got a problem. And you should realize that legal action is the right way to address that issue, whether your insurance …
Court of Appeal Upholds the Highest Jury Award to Grieving Parents
There is no court-imposed limit on non-pecuniary damages for loss of care, guidance, and companionship under the Family Law Act . But for the past two decades, the award in To v Toronto (City) Board …
Buyer Beware! Home Inspectors Rarely Liable for Skeletons in the Closet
In the Greater Toronto Area’s extremely competitive real estate market, buyers often rush in with unconditional bids. The scramble on offer day means that many people neglect the home inspection …
Pushing the Limits of Discoverability
Ontario’s Limitations Act sets out that the basic limitation period to bring a claim forward is two years from the day on which the claim was discovered. But the 2019 Ontario Court of Appeal decision …
Is Your Claim Still Good? Determining Your Lawsuit’s Expiry Date
In most Ontario cases, legal action must begin within two years of the day on which the claim was discovered. If it is not, the claim is barred by section 4 of Ontario’s Limitations Act, 2002 . The …
Saturday Night’s Alright for Fighting: Defending Claims Against Bar Owners
As bars and nightclubs begin to reopen, and Saturday night comes back to life, liability risks return for these establishments. What can bar owners do to mitigate these risks? The Occupiers’ …
Public Lands Act Offers a Road Less Travelled in Defense Against Insurance Claims
If the incident happened anywhere else, the contractors would probably be found liable for failing to maintain the wintry road. But a case before the courts now shows what a difference the location …
Understanding Subrogation: When Does Your Insurer Walk a Mile in Your Shoes?
It’s a cornerstone of insurance law: subrogation mandates that, once the insurance company has compensated the insured party, the company is entitled to exercise rights in the name of the insured. 1 …