Michael Prosia

Sociétaire | London

519.931.3504

Portrait de Michael Prosia

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Bringing a compliance application against a unit owner? Why you should think twice

A condominium corporation which intends to bring a compliance application is generally faced with a dilemma.  On the one hand, s. 134(1) of Ontario’s Condominium Act, 1998, S.O. 1998, c. 19 (the “Condominium Act”)  permits the condominium corporation to proceed via...

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Can condo corporations’ charge back costs without a finding of negligence?

In tort law, a finding of liability typically requires a finding of fault. The Divisional Court has recently confirmed that when it comes to a unit owner’s liability under s. 105 of the Condominium Act, no finding of fault is...

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Demetriou v. AIG: The Burden of Proof and the Requirement to Plead Fraud

Mr. Demetriou had a family heirloom ring appraised.  It was worth $550,000.  He insured the ring against theft with AIG Insurance Company of Canada (“AIG”) in July 2015, and was to pay an annual premium of over $10,000.  A few...

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Update: No Civil Fraud Says Ontario Court of Appeal – Overturning Paulus v. Fleury

Earlier this year, the Ontario Superior Court of Justice refused to enforce a settlement after finding that the plaintiffs’ lawyer had engaged in civil fraud by misrepresenting the independence of two witnesses at a pre-trial conference.  In addition to refusing...

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The Common Law is Sometimes Not So Common — ONCA Releases Contradictory Decisions on Municipal Liability in Nearly Identical Cases

Canada is a common law jurisdiction.  The heart of the common law is that like cases are to be treated alike. This fundamental principle of the common law is upheld through the use of appellate courts.  A judge of a...

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No Enforceable Settlement: Civil Fraud at Pretrial Results in Costs Award of $100,000 Payable to the Defendant

The underlying facts of Paulus v Fleury[1] are unremarkable.  The parties were involved in a motor vehicle collision which occurred on November 10, 2008.  The plaintiffs said that it was a straightforward rear-end collision for which the defendant was entirely...

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Automatic Vicarious Liability of Owner Only Applies to Accidents on Highways

One of the first lessons that any student of personal injury law learns is that an owner of a motor vehicle is vicariously liable for the negligence of the vehicle’s operator.  This vicarious liability is imposed by s. 192(2) of...

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Snowball v Ornge: Court Leaves the Door Open for Secondary Victim Claims

On May 31, 2013, Christopher Snowball was tragically killed while operating a helicopter for his employer, Ornge.  As a result of the incident, his family commenced an action against Ornge for damages.  In addition to claiming damages under s. 61...

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The Licence Appeal Tribunal Isn’t Unconstitutional

The Licence Appeal Tribunal isn’t going anywhere. In 2014, the Ontario government passed the Fighting Fraud and Reducing Automobile Insurance Rates Act.  Prior to this legislation, accident benefits claimants could contest a denial of benefits by filing an Application for...

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