Ana Simões

Partner | Toronto

416.595.8677

Portrait of Ana Simões

Interpretations of the UKSC decision Okpabi v Royal Dutch, which heightened the risk of lawsuits for Canadian companies with overseas subsidiaries

The decision of the UK Supreme Court in Okpabi and others v Royal Dutch Shell Plc and another[1](“Okpabi”) found that a UK parent company arguably owed a duty of care to Nigerian claimants relating to the actions of its Nigerian...

More

UK Supreme Court decision creates heightened risk for Canadian parent companies with overseas subsidiaries

A recent United Kingdom Supreme Court decision has lowered the bar for the argument that a UK company may be responsible for the tortious actions of its overseas subsidiary. The decision in Okpabi and others v Royal Dutch Shell Plc...

More

The UK slams the door on recklessness for deliberate exclusions

The UK Supreme Court in Grant v International Insurance Company of Hanover Limited[1] considered an insurance policy that included an exclusion for “liability arising out of deliberate acts, wilful default or neglect” of an employee. This case is significant as the...

More

The jury is out on business interruption coverage: Jurisprudence shows uncertainty in insurer liability

The current COVID-19 pandemic has interrupted society in a myriad of ways. While many of us have experienced loss of income due to the pandemic, businesses have suffered in unique ways. Whether or not a business remains open depends greatly,...

More

Update to Bill 118: Changes to the notice period for slip and fall claims in Ontario – Letting the notice period slip by…

Further to our previous Communiqué, Bill 118: Changes to the Notice Period for Slip and Fall Claims in Ontario, on January 29, 2021, Bill 118 was proclaimed into law bringing changes to Ontario’s Occupiers’ Liability Act[1] (the “Act”). The Act...

More

Policyholders emerge victorious in recent COVID-19 claims

Two U.S. courts have recently released decisions regarding insurance policies and restaurant closures due to the COVID-19 pandemic. In both of those cases, the courts found for the restaurants and against the insurance companies. In this article, we will briefly...

More

Bill 118: Changes to the notice period for slip and fall claims in Ontario

On December 8, 2020, Bill 118[1] received Royal Assent, bringing welcomed changes to Ontario’s Occupiers’ Liability Act[2] (the “Act”). The Act sets out the duties and liabilities of those in physical possession or responsibility and control of a premises, otherwise...

More

Tarion’s response to COVID-19

The ongoing COVID-19 pandemic has raised new issues relating to insurance and the home building industry. Following a total project suspension, construction has slowly resumed in Ontario, albeit with reduced crews and strained supply chains. These constraints raise increasingly important...

More

Update: Burns v. RBC Life Insurance Company

The Ontario Court of Appeal just released an update on certain elements of the Burns[1] decision. While the Court of Appeal did not interfere with the Motion Judge’s decision to strike out the appellant’s statement of claim against the individual...

More

Ontario court confirms that insurers are ultimately liable for the conduct of adjusters

In Burns v RBC Life Insurance Co.,1 the Ontario Superior Court of Justice recently confirmed that liability ultimately rests with insurers where their employees are acting within the scope of their employment. The Facts In this case, the plaintiff had...

More

Coronavirus (COVID-19) insurance policy issues

As a special service to our insurance clients, we present an outline of some typical insurance policy issues that may arise out of a contagion such as the Coronavirus. Throughout the current pandemic, we will be available to advise you...

More

The Court’s discretion regarding the cost consequences of settlement offers: Exceptions are not the rule

The settlement process promotes judicial economy and efficiency, and eliminates the high costs of proceeding to trial. As such, parties are well-advised to make reasonable offers prior to trial and to consider acceptance seriously.  This principle is entrenched in Rule...

More

It’s Not Too Late! The New Tax Changes and What You Can Do

Taxes & Wealth Management, Issue 9-3, p. 32-33

Your life insurance policy will be significantly affected by changes coming into effect on January 1, 2017, considerably impacting your estate planning. In 2014, the government introduced changes to the tax rules to help sort out inconsistencies in tax treatments.

More

The Whole File and Nothing But the File: A Precautionary Tale regarding Disclosure and Production of an Insurer’s Underwriting, and Claims and Investigation Files in the Context of Coverage and Bad Faith Claims

The scope of disclosure and corresponding production of documents typically becomes an issue in the context of an insured’s claim against an insurer for coverage and bad faith.  Inevitably, the insured will demand disclosure and production of the underwriting, and/or...

More

Counsel-Expert Communications: Everything Old is New Again

In December 2014, we had left off with the Ontario Superior Court, in Moore v Getahun[1] (“Getahun”), having decided that the historically accepted practice of counsel reviewing drafts of their expert’s reports should stop, and that all instructions provided by...

More

Counsel-Expert Communications: The Debate Rages On

Two recent decisions have shaken up the litigation bar. The Ontario Superior Court, in Bailey v Barbour,1 explicitly set out the court’s expectations of an expert’s proper behaviour. In the subsequent decision of Moore v. Getahun,2 the Ontario Superior Court...

More