Duelling definitions

  • May 06, 2024
  • Michael A. Valdez

The meaning of the term “law” in insurance policy interpretation.

Noise oppression

  • May 06, 2024
  • Avi Sharabi and Leigh Clark

The Courts clarify a condominium corporation’s obligations when a unit owner complains about noise from another unit owner.

Finding the line

  • March 18, 2024
  • Thomas Russell

A recent decision by the Ontario Court of Appeal provides guidance on the responsibility of occupiers for natural hazards on their premises.

Expert or advocate? Where the courts draw the line

  • February 28, 2018
  • Rabjeet Wallia

Expert testimony can provide invaluable assistance to a case. By its very nature, it provides the trier of fact with insight that it would not otherwise have and can make your case. However, an expert who crosses the line into advocacy can ultimately do more harm than good. Two recent decisions provide lawyers, insurance adjusters and the public with an idea of how the court will respond to experts who become advocates for one party or the other.

Insurance Law

Case summary: Credibility in personal injury claims

  • November 22, 2017
  • Ashley Christie, Navreet Bal and Tory Hibbitt

The court’s decision in Petz v Duguay highlights the importance of establishing a plaintiff’s credibility in personal injury matters, as subjective testing and self-reporting underlying an expert’s opinion cannot be relied upon, unless the credibility of the plaintiff is first established.

Insurance Law

Case Comment of 158444 Ontario Ltd. v State Farm Fire and Casualty Company

  • March 30, 2017
  • Shane Katz

In 1588444 Ontario Ltd. v State Farm Fire and Casualty Company, 2017 ONCA 42, the Ontario Court of Appeal, specifically Justices Laskin, Feldman and Hourigan, were asked to overturn the Order of Justice H.K. O’Connell, dated October 16, 2015, dismissing State Farm’s motion for leave to amend its Statement of Defence.

Insurance Law