Whether you are an individual charged with a criminal offence, a professional charged with some form of misconduct, or a corporation charged with a regulatory offence, simply facing prosecution can be overwhelming and daunting for anyone. Apart from the potential penalties one may face if convicted, often the most pressing questions clients ask is: “what [...]
Read moreToxic Mold Litigation in Canada
April 17, 2012
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Mold develops in houses for any number of reasons. A faulty roof installation, a leaking foundation or a tightly sealed home with improper ventilation are all potential causes of mold. When it develops, the impact on the homeowner can be significant. Although the health impacts of mold are not fully determined at this time, there [...]
Read moreCourt of Appeal reviews principles of causation and damages in personal injury cases, upholds significant general damages award
March 6, 2012
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Last week, the Ontario Court of Appeal released its decision in Bibik v. 2014052 Ontario Ltd. and, in doing so, addressed some key issues in personal injury cases. The plaintiff worked for the defendant company and was sexually assaulted by her supervisor on four occasions from January to October 2004. The supervisor was criminally charged [...]
Read moreHomeowners insurance policies and the duty to defend for misrepresentations to purchasers
February 23, 2012
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In recent posts, I discussed both an overview of an insurer’s duty to defend, and an overview of Seller Property Information Statements (SPIS). In this post, the two are combined. Many of us have been in the situation where your real-estate agent asks us to fill out and sign the SPIS. Without thinking much of it, [...]
Read moreThe Duty to Defend and the Interpretation of Commercial General Liability Insurance Policies
February 5, 2012
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There is a significant amount of caselaw that has developed in the area of whether an insurance company (the “insurer”) must defend and indemnify the insured person or business (the “insured”) in a claim by a third party. Businesses, including their officers and directors, and individuals take out third-party liability insurance policies for any number of reasons and [...]
Read moreOntario Court of Appeal establishes the tort of invasion of privacy
January 23, 2012
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Last week, the Ontario Court of Appeal released a decision confirming the existence of the tort of invasion of privacy in Ontario, thereby providing private litigants with a definitive remedy in situations where their privacy has been intentionally and unjustifiably intruded upon by a private party. In Jones v. Tsige, 2012 ONCA 32, Jones and Tsige worked at the same bank [...]
Read moreWho pays when businesses are innocently defrauded?
January 16, 2012
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We are often consulted by businesses who have been defrauded in one way or another, in an attempt to recover the lost funds. Typically, and especially in the case of small businesses, an employee, usually in a bookkeeping role, has diverted funds to their own use. To recoup these funds, business owners are often left [...]
Read moreA Civil Action – Starting and Defending a Claim
December 30, 2011
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Since countless books have been written on civil procedure in Ontario, it is difficult to summarize the procedure for beginning a lawsuit in one post. However, what follows is a broad overview of the steps required if you are bringing, or defending, an action. As the plaintiff, you have to first establish that you actually [...]
Read moreFlying rock as an environmental contaminant? The duty to report incidents on a construction project is expanded
December 18, 2011
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A superior court judge recently convicted a blasting company in circumstances that should give construction companies reason for concern. In R v. Castonguay Blasting Ltd., Castonguay was working on a construction project commissioned by the Ministry of Transportation (MOT) to widen Hwy 7 near Marmora. Castonguay’s job included blasting a portion of limestone rock known [...]
Read moreThe enforcement of a judgment through the sale of a home collides with PIPEDA
December 14, 2011
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Earlier this year, the Ontario Court of Appeal issued a ruling that may have a significant impact on creditors seeking to enforce judgments through the sale of a debtor’s home. It will also add (though some might say not unreasonably so) further complexity and cost to an already complex and expensive process. Normally, if a party obtains [...]
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