The first Ontario farm charged with occupational health and safety violations contributing to an employee’s death from COVID-19 has pleaded guilty. Last year, we posted a blog about the death of Juan Lopez Chaparro, a migrant employee from Mexico who had contracted COVID-19 while working at Scotlynn Sweetpac Growers Inc., located in Vittoria, Ontario. An […]
Category Archives: Commercial Litigation
Shotgun Clauses in Shareholder Agreements
As investors with a say in all major business decisions, shareholders hold the bulk of power when it comes to how a company is run. The ability of shareholders to work together effectively is vital to a company’s day-to-day operations. When shareholders find themselves in a dispute, it must be resolved as quickly as possible, […]
The Impact of Post-Breach Events on Damages for Breach of Contract
In Ontario, there is a legal presumption that damages for breach of contract are calculated from the date of the breach. In some cases, however, it is possible to set this presumption aside when it would be unfair to use the date of breach as the basis for calculation. In a recent case from the […]
Jury Awards Insurance Plaintiff Record Punitive Damages
When health issues derail a person’s inability to work and earn income, they will often need to turn to long-term disability benefits to manage financially, if they are fortunate enough to have such coverage. Even with these benefits in place, the situation can necessitate a significant shift in lifestyle. In most cases, the insured person […]
What is a Liability Insurer’s Duty to Defend for an Intentional Tort?
When professionals are insured for liability, whether the coverage is obtained individually, through a professional regulatory body such as the Law Society of Ontario, or through their place of work, what is the insurer’s obligation to defend them? Does the obligation change depending on the basis of the claim against the insured? This was a […]
Court of Appeal Clarifies Requirements to Assume Jurisdiction in Case with Multiple Defendants
When bringing a claim against a defendant for a civil matter such as fraud, it is important to understand the concept of jurisdiction, in order to ensure the claim is filed in the appropriate location. When all parties involved are in the same place and the entire matter occurred in that place, such as Ontario, […]
Occupational Health & Safety Act Changes Under Bill 88
Last month, Ontario passed Bill 88, the Working for Workers Act, 2022. The Bill implements new legislation around the electronic monitoring of employees, and will also amend several pieces of existing legislation, including the Occupational Health and Safety Act. Under Schedule 4 of Bill 88, directors, officers, and corporations will face new obligations around the […]
The “Innocent Insured” Clause in the Insurance Act is not Applicable Retroactively
While property insurance coverage applies to a specific property, it may cover several insured parties. For example, depending on the policy, home insurance might cover multiple members of a single-family, several roommates, and/or tenants who rent a room or a basement unit. This is helpful in that the coverage will extend to each person noted […]
What is a Boomerang Summary Judgment?
One of the most efficient ways of ending litigation is for the defendant to apply for a summary judgment. In cases where the defendant believes there is no legitimate issue to be tried, they can apply to have the cause of action dismissed without the need to go through a full trial. However, while a […]
A Review of Civil Limitation Periods in Ontario
When contemplating litigation, one of the most important issues to determine is the limitation period of the potential action. No matter how sound a case may be, missing a key date can derail a claim before it even begins. In Ontario, there are two limitation periods which must be observed, depending on the type of […]