Chris T.J. Blom

Partner | Toronto

416.595.8614

Portrait of Chris T.J.  Blom

Exemption clauses under professional liability policies

First Condo Group Ltd. (“First Condo”) carries on business as a reserve fund planner for condominiums in Ontario. It was insured by Lloyd’s Underwriters under a Professional Insurance Policy from March 2010 to March 2014 on a claims-made basis. In...

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Pre-judgment Interest on General Damages

In 2015 the Ontario Insurance Act, R.S.O. 1990 c.C.18 was amended to provide that Rule 53.10 of the Rules of Civil Procedure, R.R.O. 1990, which calls for pre-judgment interest at 5%, no longer applies to cases involving car accidents. The...

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Commercial Transactions and All-Risks Coverage

How can a commercial transaction be the subject of indemnity under an all-risks policy? In Heart Zap Services Inc. v. Lloyd’s Underwriters, 2019 ONSC 3667 the plaintiff, Heart Zap Services Inc., received an order from Dr. Thomas Hardy for 25...

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The Purpose of All Risk Builder’s Insurance

Construction contracts in Canada typically include a requirement that the builder obtain builder’s risk insurance (often known as All Risk Builder’s insurance) which covers both the builder and the owner of the property in the event of loss arising from...

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The Deduction of Accident Benefits in Tort Actions

In the 2018 decisions of Cadieux v. Clouthier and Carroll v. McEwen, the Ontario Court of Appeal clarified the manner in which accident benefits are to be deducted from awards of tort damages. In the past, there were two approaches....

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Speeding and Alcohol Consumption do not Necessarily Equal Negligence

In the Ontario Court of Appeal decision of Smith v. Safranyos, 2018 ONCA 760, the Court considered an appeal from the trial decision of a claim arising from a serious car accident. The plaintiffs were passengers in a car travelling...

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Nemchin v. Green: The Deduction of Collateral Benefits at Trial

The plaintiff was injured in a car accident in 2010. The trial in 2017 led to a jury verdict of $125,000 in general damages and $600,000 in future loss of income. The plaintiff did not seek an award of past...

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Causation in Historical Sexual Abuse Cases

The concept of causation is difficult to grasp at the best of times, as much ink has been spilled over the years since the decision of Athey v Leonati[1] in which the court applied the “material contribution” test. Eleven years...

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Pre-judgment Interest in the Court of Appeal

The Ontario Court of Appeal decisions of Cobb v. Long Estate 2017 ONCA 717 and El-Khodr v. Lackie 2017 ONCA 716 now provide clarification on the application of the amendment to the rate of pre-judgment interest in s.258.3(8.1) of the...

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Tavern Claims: Intoxication Does Not Equal Liability

Tort claims against tavern owners in the province of Ontario are typically advanced as a breach of the common law duty of care and a breach of the Liquor Licence Act[1] provisions in relation to the service of alcohol. The...

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Coverage Issues in Sexual Abuse Claims (Part 2)

In the October 3, 2016 edition of the Lloyd’s Brief I addressed the challenges of limitations in sexual abuse claims. The article discussed coverage issues including difficulties associated with proving policies of insurance in historical sexual abuse claims, the interpretation...

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The Challenges of Limitations in Sexual Abuse Claims

Limitation periods provide comfort to both insureds and insurers.  With the passing of a limitation period, each can draw comfort from the knowledge that a claim has not been pursued and is not likely to be pursued in the future. ...

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Coverage Issues for Off-Road Vehicles

The Oatley McLeish Guide to Motor Vehicle Litigation, The Law Society of Upper Canada

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Attendant Care Costs in Accident Benefits and Tort Claims

Insurance Institute, April and October 2010

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