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Defining “occupier” – liability and control over land

February 4, 2013 | Timothy J. McGurrin

MT Insurance Law Blog

Pursuant to section 3 of Ontario’s Occupier’s Liability Act, liability may arise from a failure of an occupier “to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property […]

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To Defend, or Not to Defend, That is the Question ….

February 4, 2013 | Teneil MacNeil

MT Insurance Law Blog

Vishal Malaviya (“VN”) was covered under Ontario’s Statutory AutomobilePolicy (the “SAP”) for motor vehicle insurance through Jevco Insurance Company (“Jevco”), having opted for the minimum liability limit of $200,000, and having been sued for an amount in excess of same […]

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The Unintentional Results of Intentionally Doing Doughnuts

January 31, 2013 | James B. Prior

MT Insurance Law Blog

Recently, the Ontario Court of Appeal considered an insurer’s obligation to indemnify its insured under an Ontario automobile policy in circumstances in which it was alleged that the insured intentionally caused harm to the Plaintiff. In Savage v. Belecque, the […]

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Applicant Argues a Bed Bug Infestation in his Home Constitutes a “Disability”

January 30, 2013

Canadian Labour & Employment Law Blog

Author: Erik Marshall News reports of the scourge of bed bugs infiltrating the City of Toronto abound. Fear mounts as we learn more about how bed bugs are known to “hitch-hike” on peoples’ clothing as they move throughout public spaces, […]

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Bad Faith Claim Permitted After Expiration of Limitation Period

January 29, 2013 | James B. Prior

MT Insurance Law Blog

Recently, a Superior Court judge granted a motion to amend a Statement of Claim to allow the Plaintiffs to advance a claim against their home insurer for breach of its duty to act fairly and in good faith, as well […]

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Judge Puts Bad Faith Claims On The Roof

January 21, 2013

MT Insurance Law Blog

A Superior Court judge has granted an insurer’s summary judgment motion to dismiss claims for “breach of a contract of insurance, damages for wrongful infliction of mental distress, damages for bad faith on the part of the defendant insurance company […]

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More Clarification on the Meaning of “Economic Loss”

January 17, 2013 | Talaal Bond

MT Insurance Law Blog

In the recent case of Simser and AVIVA (FSCO A11-004610, January 16, 2013), Arbitrator Lee was tasked with examining the meaning of “economic loss” as per s. 3(7)(e) of the Statutory Accident Benefits Schedule. The insured sought to have expert opinion evidence […]

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The Duty to Defend and Letters from the MOE

January 16, 2013 | Timothy J. McGurrin

MT Insurance Law Blog

An insurer’s duty to defend claims is broader than its duty to indemnify. It is well established law in Canada that the determination of a duty to defend should be based upon a consideration of the pleadings and the policy […]

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Guilty Verdicts Matter

January 14, 2013 | Teneil MacNeil

MT Insurance Law Blog

With the start of the new year comes a helpful reminder as to the significance of criminal and quasi-criminal verdicts in related civil proceedings. This is thanks to the Honourable Justice J. O’Connor who, on January 3, 2013, determined that […]

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Canadian Thin Capitalization Regime

January 11, 2013

Carrying on Business in Canada For Non-Residents Blog

This posting was authored by Lyne M. Gaulin and John M. Campbell Miller Thomson LLP Existing Canadian Thin Cap Regime The existing Canadian thin cap regime protects the Canadian tax base from excessive interest deductions by limiting the amount of […]

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Disclaimer

This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.