Patricia J. Forte

Partner | Kitchener-Waterloo

519.593.3219

Portrait of Patricia J.  Forte

Slip and Fall Case Dismissed on Summary Judgment Motion: No Objective Evidence of Unsafe Condition

For 9 years, Marian Hamilton resided on the fourth floor of an apartment building in Toronto.  In May 2012, at 67 years of age, she slipped and fell on the vinyl floored corridor near her unit.  She started a lawsuit...

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An Apt Decision: Ontario Court of Appeal Overturns Limitation Period Ruling

Introduction A recent Ontario Court of Appeal decision determined that a personal injury claim arising from the alleged disrepair of a residential rental unit is not constrained by the one-year limitation period prescribed by the Residential Tenancies Act, 2006[1] (“RTA”)....

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When is an LTD Claim Not an Insurance Claim? When it’s a Labour Dispute

Overview The Ontario Court of Appeal recently confirmed that a dispute about the termination of long-term disability (“LTD”) benefits could not proceed by way of an action. The plaintiff’s employment was subject to a Collective Agreement between the plaintiff’s employer and...

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When is an LTD Claim Not an Insurance Claim? When it’s a Labour Dispute

Overview The Ontario Court of Appeal recently confirmed that a dispute about the termination of long-term disability (“LTD”) benefits could not proceed by way of an action. The plaintiff’s employment was subject to a Collective Agreement between the plaintiff’s employer and...

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Heiner v. Pasha et al.: Claiming Diminished Value Under Ontario’s OAP1 Auto Policy – Redux

We recently blogged about the Small Claims Court decision in Renwick v. Allstate Insurance Company of Canada.[1] The case dealt with an insurer’s motion to dismiss a lawsuit on the basis that an insured’s claim for “diminished value”[2] under an...

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Insureds Claiming “Diminished Value” Damages under Ontario’s OAP1 Auto Policy [1]

“Does “damages” in its various manifestations in the OAP, the [Insurance] Act and the Statutory Conditions include Diminished Value? Is …[an insured] estopped from claiming Diminished Value? Is this a contractual claim defined by the statutory policy or does the...

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The Worth of “Diminished Value” Claims in Ontario

Introduction The claim goes by many names: “diminished value”, “diminution in value” and “accelerated depreciation”. The terms are interchangeably used to describe the economic loss of a property’s value as a result of the property having been damaged.[1] The concept...

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Employees Who Rent Vehicles for Work: Liability Insurance Implications When Accidents Occur

The frequency with which employees rent vehicles for employment purposes is a common occurrence. Amendments to certain legislation in Ontario introduced a priority scheme for liability coverage, and corresponding changes to the standard Ontario Automobile Policy reconfigured personal coverage to...

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Square Pegs in Round Holes: Adjusting Claims Involving Rideshare Drivers

CampusLifts. Haxi. Kangaride. Lyft. Sidecar. Summon. UberX. Wingz. Sound familiar? They are colloquially known as “rideshare” services or transportation network companies (TNC). TNC’s typically do not provide transportation services themselves. Instead, they provide an online-enabled platform to connect passengers with...

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Square Pegs in Round Holes: Adjusting Claims Involving Rideshare Drivers

CampusLifts.  Haxi.  Kangaride.  Lyft.  Sidecar.  Summon.  UberX.  Wingz.  Sound familiar?  They are colloquially known as “rideshare” services or transportation network companies (TNC).  TNC’s typically do not provide transportation services themselves.  Instead, they provide an online-enabled platform to connect passengers with...

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Leading Legal Innovation

GRAND Magazine, 10th Anniversary issue

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I Like this: The Ongoing Tale of Disclosure & Production

KW Ontario Insurance Adjusters’ Association publication

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Happy 10th Birthday, Parental Responsibility Act!

This year marks the 10 year anniversary of the coming into force of the Parental Responsibility Act (“the Act”) in Ontario.  The Act provides victims of property crime committed by youth under 18 with a simple method to recover their...

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Watch Out! An Update about Survelliance under PIPEDA: Draft Survelliance Guidelines

Ontario Insurance Adjusters Association

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Watch Out! An Update about Surveillance under PIPEDA: Draft Surveillance Guidelines

The general rule of the Personal Information Protection and Electronic Documents Act (PIPEDA) is that individuals must consent to the collection, use and disclosure of their personal information. There are certain situations where personal information like video surveillance can be...

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Stop! In the Name of the Law!

Ontario Insurance Adjusters Association

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