Home / Blogs

Blogs

Miller Thomson Blogs put a more conversational lens on Canadian law. See the diverse perspectives of our lawyers here.

Filter

Displaying 141-150 of 199

Court of Appeal: PJI/Deductible/Costs Changes are Retroactive, SABS fully deductible and Punitive Damages not Appropriate

September 20, 2017 | Nawaz Tahir

MT Insurance Law Blog

On September 19th, 2017, the Ontario Court of Appeal released it’s much anticipated decision on whether or not changes to how pre-judgment interest is calculated would be a retroactive change or not.  The Court also adjudicated upon a number of […]

More

Mental Injury and Negligence Law – Recognized Psychiatric Illness Not Required

August 31, 2017 | Sandra L. Hawes, KC

MT Insurance Law Blog

In the recent decision of Saadati v. Moorhead, 2017 SCC 28 (CanLII), the Supreme Court of Canada rejected the argument that claims for mental injury are subject to a different test than claims for physical injury, holding that the law […]

More

Third-Party Claim: Is It Out Of Time?

July 28, 2017 | Theodore J. Madison

MT Insurance Law Blog

Third party proceedings can be an efficient, and cost-effective way of adding parties and any related claims arising from the same set of facts. Rule 29.02 provides the time constraints for when third party claims must be issued: within ten […]

More

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

July 14, 2017 | Patricia J. Forte

MT Insurance Law Blog

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”). […]

More

Ontario SABs Insurers Do Not Have to Justify EUO Reason

July 7, 2017 | Nawaz Tahir

MT Insurance Law Blog

The Ontario Court of Appeal, in Aviva Insurance Company of Canada v. McKeown, 2017 ONCA 563 (CanLII) determined an insurer is not required to provide a “justification” to compel an applicant for benefits to attend an examination under oath pursuant […]

More

Restricted Farm Losses: The Plight of the Part-Time Farmer

May 4, 2017 | Robert Graham

The Food Web: Canadian Agribusiness and Food Law

Introduction Not just anyone can become a farmer; yet many Canadians aspire to transfer from their existing occupation into farming. The challenge with said aspiration is that starting up a farm business is difficult, and though the federal government provides […]

More

Disclosure of Expert Retainer Letters

April 28, 2017 | James D. Bromiley

MT Insurance Law Blog

The issue of whether a party must produce a lawyer’s ‘instructional letter’ when retaining an expert was considered by the Ontario Superior Court in Nikolakakos v. Hoque, 2015 ONSC 4738.  This case involved an action for damages arising from personal […]

More

Sidewalks, Driveway Aprons & Pedestrians

December 1, 2016 | Theodore J. Madison

MT Insurance Law Blog

You have all been faced with the situation as to who is responsible for maintenance of sidewalks adjacent to an insured’s property and the portion of the driveway that is beyond the sidewalk adjacent to the municipality’s roadway. The caselaw  […]

More

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

October 11, 2016 | Patricia J. Forte

MT Insurance Law Blog

“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 […]

More

A Defendant By Any Other Name: Of Limitation Periods, John Doe, and Misnomer

July 7, 2016 | Eric A.F. Grigg

MT Insurance Law Blog

Having read the reasons for decision in Stechyshyn v. Domljanovic, 2015 ONCA 889 you would be forgiven for wondering whether the panel of the Court of Appeal had taken in a showing of Romeo and Juliet during their deliberations. The […]

More

Displaying 141-150 of 199

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.