A final release is a document used in various areas of law when the parties involved in litigation have reached a settlement of their issues. In exchange for settling the matter, the plaintiff will often be asked to sign a release waiving the defendant party’s liability in any future claims related to the matter at […]
Category Archives: Insurance
Barrie Residents Facing Insurance Headaches in Wake of Tornado
On July 15th, a tornado hit the City of Barrie, leaving behind a path of destruction through a residential community that stretched for approximately five kilometres, with winds reaching speeds of up to 210 km/hour. Luckily, there were no deaths reported, however, approximately 10 people suffered injuries, all non-life-threatening. However, the resulting property damage was […]
Companies Look to Business Interruption Insurance to Recoup Pandemic Losses
The Covid-19 pandemic has triggered financial hardship as businesses have reduced operations and suffered financial losses. As a result, some businesses have turned to their insurance policies to determine if they might recover losses accrued during the pandemic. Companies are particularly looking at business interruption coverage in response to government-mandated shutdowns. Whether insurers will be […]
Recent Ontario Decisions in Insurance Bad Faith Claims
An allegation of bad faith in insurance claims can result in a financial sanction above the policy limits as well as possible punitive and aggravated damages. The contractual relationship between the insurer and an insured is one of utmost good faith that imposes an obligation on the parties to deal with each other fairly. Bad […]
Data Exclusion Clause Limits Insurance Coverage for Cyber Matters
As privacy and cybersecurity concerns grow in significance, digital breaches are a growing area of legal risk. A recent decision of the Ontario Court of Appeal made clear that traditional insurance policies may not extend coverage for cyber matters, potentially leaving businesses vulnerable. On March 15, 2021, the Court released its decision in Family and […]
The Temporal Aspect of Causation in a Negligence Claim
Last week, we discussed a case in which a man brought a claim against a municipality for damages suffered after he was assaulted in a municipal parking garage. Ultimately, the municipality was found not liable in the matter, which we will discuss in greater detail below. In the previous post, we addressed the impact of […]
Shareholder Disputes Expected to Rise in Canada’s Cannabis Industry
When cannabis was legalized in Canada in 2018, many people, including financial investors, assumed the industry would be a nearly foolproof opportunity. However, due to a sudden rise in class-action lawsuits in Canada and the U.S., many shareholders are facing an unexpected devaluation of stock. Some people believe this could lead to an increase in […]
Class Proceedings Expected to Surge When Courts Resume in Full
As the widespread effects of the COVID-19 pandemic continue to be felt across Canada, even as some restrictions are starting to lift in each province, legal experts and courts alike are bracing themselves for a surge of class proceedings. A recent article by the CBC points to the fact legal trends in Canada tend to […]
Business Interruption Insurance & COVID-19
Many businesses take out insurance to cover losses that can arise due to fire or theft, including damage to equipment or property. However, it is equally important to consider the potential for extended periods of income loss if a business is forced to close temporarily. For example, if there is a fire, a business will […]