PHIPA does not Protect Health Information Custodians from Lawsuits
The Court of Appeal for Ontario has held that a hospital can be sued (in a proposed class action) for a privacy breach. In Hopkins v. Kay, the class plaintiff alleged that her records as a patient at the Peterborough...
Delay in Coverage Decision Attracts Criticism from Ontario Court of Appeal
Mallory v. Werkman Estate 2015 ONCA 71, February 2, 2015 On February 6, 2005, three motorcycle drivers were racing. One of the drivers, Mr. Werkman, lost control and struck a car seriously injuring the driver, Mr. Mallory. Mr. Werkman died. ...
Duty of Loyalty Owed By Defence Counsel, Even with Reservation of Rights
Mallory v. Werkman Estate 2015 ONCA 71, February 2, 2015 On February 6, 2005, three motorcycle drivers were racing. One of the drivers, Mr. Werkman, lost control and struck a car seriously injuring the driver, Mr. Mallory. Mr. Werkman died. ...
Plaintiff Can Provide Corroborating Evidence of Change In Function
On January 22, 2015 the Ontario Court of Appeal released its reasons in the case of Gyorffy v. Drury. Since October 2003 plaintiffs in Ontario who seek an aware of general damages for injuries arising from a motor vehicle accident...
Beam Me Up Some Attendant Care
Service providers can potentially provide attendant care from across the planet, according to a new Superior Court decision inShawnoo v. Certas Direct Insurance Company. Text messaging, Face Timing, emailing and telephone calls can all qualify as the provision of attendant...
Possession is Still 9/10ths of the Law
The Superior Court has released a decision dealing with whether an owner of an ATV can be held vicariously liable for a driver’s negligence, even though no consent was given to operate the vehicle. In Fernandes v Araujo, Fernandes was...
Successful Motion Confirms Defendant’s Right to Prepare Insurer Examiners for Trial
In the context of insurer examinations under the Statutory Accident Benefits Schedule (“Schedule”), the Superior Court has found that for the purpose of trial preparation, a Plaintiff’s consent is not required for Defendant’s counsel to meet with the examiners. In...
Vancouver’s New Building Bylaw
BC Broker, October 2014, 14-15
Unlike any other city or municipality in British Columbia, the City of Vancouver is authorized by the Vancouver Charter to pass its own building bylaws regulating the design and construction of buildings as well as administrative provisions for permitting, inspection...
Loss Transfer Limitation Rolls Along
The Superior Court has upheld an arbitrator’s decision, finding that loss transfer is subject to a two-year rolling limitation period. In Economical v. Zurich, the claimant was driving a car and was involved in a motor vehicle accident with a dump...
ONCA Reverses Matheson: No Husbandry Here
The Court of Appeal for Ontario has reversed the Superior Court’s decision in Matheson v. Lewis, finding that the plaintiff farmer’s Honda ATV was an off-road vehicle that required automobile insurance at the time of the accident. In Matheson, the...
