Focus On


  • Decision highlights how spouse is defined
    Justin Necpal says he thinks the Superior Court of Justice was correct to quash the decision of an arbitrator, after a woman sought benefits through her male partner’s policy.

    Decision highlights how spouse is defined

    The definition of spouse may have evolved and expanded in the family law context, but that does not affect how it should be interpreted in the Insurance Act, an Ontario Superior Court of Justice judge has concluded.

  • Confusion about municipal obligations emerges
    James Tausendfreund says advising municipalities on how to apply a recent pair of Ontario Court of Appeal rulings is challenging.

    Confusion about municipal obligations emerges

    Two decisions of the Court of Appeal released earlier this fall on the same day appear to be causing confusion about the extent of the legal obligations of municipalities to reduce the risk of automobile accidents at intersections.

  • Case on policy non-renewal headed for SCC
    Eric Grossman says if the context behind any non-renewal dispute is ignored, it could result in an unfair obligation for insurers.

    Case on policy non-renewal headed for SCC

    A dispute over the financial consequences for an automobile insurer that provides ineffective notice of non-renewal of a policy may be headed to the Supreme Court of Canada.

  • Rule useful for obtaining expert reports faster
    Olivier Guillaume says a procedural rule contained in the Rules of Civil Procedure is a beneficial tool to address the timelines around expert reports.

    Rule useful for obtaining expert reports faster

    A rarely invoked procedural rule should be used more often to address the issue of late service of expert reports in civil litigation, said an Ontario Superior Court judge in a recent ruling.

  • Ontario case may weaken polluter pays principle
    Clifford Cole says a recent case that came before the Ontario Divisional Court ‘goes very much to the heart of the environmental regime here in Ontario.’

    Ontario case may weaken polluter pays principle

    A recent Ontario court decision testing the province’s Environmental Protection Act could have consequences for the polluter pays principle, lawyers say.

  • Trade agreement has new environmental rules
    Janet Bobechko says issues such as protection of the ozone layer, marine environment and ship pollution, fishing issues, air quality and marine litter are all contained in the USMCA.

    Trade agreement has new environmental rules

    The conclusion of the renewed NAFTA agreement, renamed the United States-Mexico-Canada Agreement, contains new environmental provisions that have enforceable guidelines around water and air quality that the original agreement did not.

  • Ruling on obligations of bankrupt companies coming
    Nader Hasan says when orphan wells aren’t cleaned up, those costs will eventually be passed on to Canadian taxpayers.

    Ruling on obligations of bankrupt companies coming

    In the spring, the Supreme Court of Canada heard arguments in Orphan Well Association, et al. v. Grant Thornton Limited, et al., regarding the obligations that trustees or receivers of bankrupt companies have when it comes to cleaning up contaminated sites they have acquired.

  • Change in provincial government impacts clients
    Laura Zizzo says lawyers should be factoring in considerations around climate-related risk as part of the due diligence process.

    Change in provincial government impacts clients

    With the Ontario government having repealed the province’s Green Energy Act, cancelling the provincial cap-and-trade regime and legislating that proponents cannot sue for certain cancelled projects, lawyers say they need to help their clients manage the political risk of doing business in the current political climate in Ontario.

  • Opting out of class action can have its rewards
    Samaneh Hosseini says there are cases in which a lawyer representing an individual seeks to opt out and not be part of the class in a class action, deciding instead to launch their own action.

    Opting out of class action can have its rewards

    The opportunity to opt out of a class action is offered in all Ontario class-action proceedings, but lawyers say there are some fact situations in which pursuing individual claims makes more sense than being part of a class.

  • Privacy-breach class actions may see an uptick
    Molly Reynolds says new reporting obligations around privacy breaches could increase the volume of class actions because class-action lawyers will be aware of more incidents that pose a risk of harm to Canadians.

    Privacy-breach class actions may see an uptick

    Some lawyers are expecting that new mandatory breach reporting under Canada’s privacy legislation may result in an increase in the number of privacy class actions, which are still in their relative infancy and continue to evolve.

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