Applicable Building Codes for Construction of First Nations Land in Ontario
Introduction According to a UN Report of the Special Rapporteur on the rights of indigenous peoples1, government investment into First Nation communities across Canada has not kept pace with the demand for adequate housing and need for major renovations to...
Miller Thomson LLP Successful in Defence of Large Municipal Claim on behalf of Lloyd’s Underwriters
The Ontario Superior Court has dismissed a $25 Million (CAD) lawsuit brought by a failed construction-development tender candidate against the City of Brampton. After a significant cost award had been made against the City as a result of failed motion...
Speeding and Alcohol Consumption do not Necessarily Equal Negligence
In the Ontario Court of Appeal decision of Smith v. Safranyos, 2018 ONCA 760, the Court considered an appeal from the trial decision of a claim arising from a serious car accident. The plaintiffs were passengers in a car travelling...
Legalized Cannabis: The Retail Space
Cannabis was legalized in Canada on October 17, 2018. Since legalization, there have been a number of developments in the retail sector that will be of interest to insurers and insureds. In particular, Ontario, Canada’s most populous province and an...
When Is It “Appropriate” to Sue an Insurer?
The Ontario Court of Appeal recently ruled on the application of limitation periods in actions against insurers. In Nasr Hospitality Services Inc. v. Intact Insurance[1] the principal of the plaintiff corporation, Mr. Nasr, discovered water damage on the premises of...
Construction on First Nations Land: Determining the Applicable Building Code
Introduction As recognized by the Standing Senate Committee on Aboriginal Peoples, most on-reserve housing and infrastructure is poorly built, in serious disrepair and under-supplied.[1] This recognition has led to an increase in construction projects on First Nations lands, which will...
Legalized Cannabis 101
Cannabis will be a legal product in Canada on October 17, 2018. Legalized cannabis raises a number of potential liability issues that should be on every insurer and insured’s radar. The New Regime An Act respecting cannabis and to amend...
Letting Sleeping Dogs Lie: A Risky Strategy
Background In Nolin v. Résidence Sainte-Claire inc.[1], Ms. Nolin (“Plaintiff”) filed an action in the amount of $100,000.00 as against Residence Sainte-Claire (“Residence”) which arose out of a slip and fall, on its premises. A default judgment was rendered against...
Who is My Neighbour? SCC Rules on Foreseeability and the Duty of Care in Tort Law
In Canadian tort law, a duty of care requires a relationship of sufficient proximity. That relationship is informed by the foreseeability of an adverse consequence of one’s actions, subject to policy reasons that a duty of care should not be...
The Duty to Defend Triggered Notwithstanding Environmental and Pollution Exclusion Clauses
In West Van Holdings Ltd. v. Economical Mutual Insurance Co., 2017 BCSC 2397, the insureds, West Van Holdings Ltd. and West Van Lions Gate Cleaners Ltd. (the “Insureds”) brought an action against Economical Mutual Insurance Company and Intact Insurance Company...
