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Challenges to benefit plan distinctions

February 11, 2020 | Kim Ozubko

A.M. Pension Blog

As discussed at our last A.M. Pension Webinar in December 2019, following the 2018 decision of the Ontario Human Rights Tribunal in Talos v. Grand Erie District School Board (“Talos”), employees and unions continue to challenge age-based benefit plan distinctions. […]

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Privacy Commissioner consultation on AI

February 4, 2020 | Kelly Harris, Eliott Cheeseman

MT Cybersecurity Blog

Continuing to highlight the need for reform, the Office of the Privacy Commissioner of Canada (“OPC”) has initiated a consultation on recommendations they have presented to adapt the private sector privacy statute Personal Information Protection and Electronic Documents Act (“PIPEDA”) to address […]

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Ontario Pensions: What’s New?

January 27, 2020 | Kim Ozubko

A.M. Pension Blog

Welcome to the first post of 2020! In this post, we highlight some of the more significant legislative and regulatory developments in Ontario pensions in January 2020 and late 2019. Pension Benefits Act (Ontario) Bill 132 As we reported in […]

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Canadian Privacy Commissioner Tables Annual Report, Calling for Human Rights-Based Overhaul of Privacy Laws

January 10, 2020 | David Krebs

MT Cybersecurity Blog

On December 10, 2019, Commissioner Therrien presented his office’s 2019 annual report to Parliament, which was later followed by a press release highlighting key aspects of and views expressed in this latest report. Unsurprisingly, the need for privacy law reform […]

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Clarity in Claims against Adjusters in their Personal Capacity

December 13, 2019 | Helen D.K. Friedman

MT Insurance Law Blog

A recent decision of Justice Perell (Burns v. RBC Life Insurance Co., 2019 ONSC 6977) provides some welcome clarity on the issues of whether insurance adjusters owe a duty of good faith to an insured independent of any duty owed […]

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Pre-judgment Interest on General Damages

December 10, 2019 | Chris T.J. Blom

MT Insurance Law Blog

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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The Worth of “Diminished Value” Claims in Ontario – Update

May 28, 2019 | Helen D.K. Friedman

MT Insurance Law Blog

In past blogs,[1] my colleague, Patricia Forte, has tracked the case law on the state of “diminished value” claims in Ontario.  A recent Superior Court case, Zheng v. Certas Home and Auto Insurance Co.,[2] provides further insight as to the […]

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

February 19, 2019 | Michael Prosia

MT Insurance Law Blog

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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The Deduction of Accident Benefits in Tort Actions

January 16, 2019 | Chris T.J. Blom

MT Insurance Law Blog

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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Who is the Lessee? Whoever the Lessor Can Sue to Enforce the Lease – An Update on Insurer Priority of Third Party Claims Involving Lessors

November 27, 2018 | Lyndsay Hone

MT Insurance Law Blog

Who can a lessor sue to enforce a lease? In a recent decision on priority of payment in a motor vehicle tort action, the Ontario Superior Court of Justice resolved the priority dispute by answering this question. In Aviva Insurance […]

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Disclaimer

This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.