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Searching Content indexed under Trials & Appeals & Compensation by Strigberger Brown Armstrong LLP ordered by Published Date Descending.
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1
You Can't Hurry Love: LAT Refuses To Consider Interim Order For Benefits
Adjudicator Letourneau has held that the LAT does not have jurisdiction to award interim benefits in 18-007113 v Allstate Insurance-007113/AABS, 2019 CanLII 63379 (ON LAT).
Canada
26 Jul 2019
2
Court Of Appeal Finds Employee's "Unequivocal" Resignation Equivocal
In the decision of English v. Manulife Financial Corporation, the Ontario Court of Appeal has weighed in on when a change in circumstances may allow an employee to revoke a seemingly clear resignation.
Canada
26 Jul 2019
3
Court Of Appeal Confirms-LAT Has Exclusive Jurisdiction At First Instance
The Ontario Court of Appeal has upheld Justice Ramsay's determination that the LAT has exclusive jurisdiction at first instance over all claims in respect of accident benefits
Canada
25 Jul 2019
4
No Reasonable Inference = No Causation
This action arises from a fall that occurred on January 14, 2014 on common property owned by the defendant Strata Plan LMS2286 (the "Strata"). Strata retained the defendant Markic Development & Restoration Ltd ("Markic") to perform some remediation work on its premises.
Canada
27 Jun 2019
5
Trip & Fall: Were You A Prudent Pedestrian?
Around 8 a.m. on an October day in 2015, the plaintiff drove to a strip mall that was operated and maintained by the defendant, Value Industries. She parked parallel to a curb outside of a Save on Foods store with the intention of walking up the wheelchair ramp to the store.
Canada
27 Jun 2019
6
Waivers Of Subrogation Reach New "Heights"
When I graduated law school, I never expected to practice in an area where waivers of subrogation came up so frequently (or at all).
Canada
26 Jun 2019
7
Occupiers' Liability: Look Out For Sk8er Boy
The Ontario Court of Appeal recently weighed in on the Occupiers' Liability Act and the appropriate evidence admissible on a motion for summary judgment motion.
Canada
19 Jun 2019
8
Put Up A Sign!
On December 31, 2013, the plaintiff, Kathryn Owens, had a slip and fall outside the Blue Canoe Waterfront Restaurant (the "Restaurant"), in Stevenson, BC, while walking on the boardwalk adjacent to its entrance.
Canada
5 Jun 2019
9
Privacy Class Action Collapses In The Absence Of Commonality
In Kaplan v. Casino Rama, released May 7, 2019, Justice Belobaba dismissed the plaintiffs' motion to certify a class action arising from the 2016 cyber-attack on Casino Rama.
Canada
15 May 2019
10
ONCA Upholds Video Voyeur Verdict
The recent decision by the Court of Appeal in clarifies the developing concept of individuals' privacy rights.
Canada
15 May 2019
11
Walking A Fine Line - Bill Of Lading Stomps Liability For Cargo Theft
The Federal Court recently released the decision of Black & White Merchandising Co. Ltd. v. Deltrans International Shipping Corporation.
Canada
15 May 2019
12
No Void Ab Initio For Auto
Can an Ontario insurer treat an automobile policy as being void ab initio and deny a claim in its entirety as a result?
Canada
14 May 2019
13
How Much Risk Does A Builder's Risk Risk?
When a builder negligently repairs a school's gymnasium roof, which causes rain to spill into the gym and damage the wooden floor below, does the builder's All Risk Builder's policy cover
Canada
29 Apr 2019
14
No Skirting Of Responsibility
While at the Bramalea City Centre Mall with her mom and siblings, the plaintiff (a minor) fell backwards on an upward moving escalator.
Canada
26 Apr 2019
15
Too Good To Be True? May Be Your Wilful Blindness
This sordid tale begins with an employee going rogue with a company credit card
Canada
26 Apr 2019
16
When Is Your Mom Your Landlord?
The recent decision of Traders General Insurance Company v. Elizabeth Gibson asked the question, "Am I my [mother]'s keeper?" in the context of coverage for third party bodily injury claims
Canada
5 Apr 2019
17
Surprise, Surprise, Surprise!
In a very surprising turn of events, the long awaited judicial review of MVAC v. Barnes, P16-00087 FSCO was dismissed as moot when it was revealed ...
Canada
4 Apr 2019
18
Court Confirms The "But For" Test Applies To The SABS
A recent decision of the Divisional Court has confirmed that the ‘but for' test was the correct causation test to be applied in accident benefit cases.
Canada
26 Mar 2019
19
Mann V Jeffersen: No Objective Injury? You Better Be Credible!
This decision arises from a motor vehicle accident that occurred on February 8, 2011. The trial took place in January 2019 before Trimble J. After the jury retired to deliberate,
Canada
25 Mar 2019
20
Say It If You Mean It
Mr. Demetriou claimed he was robbed of a $550,000.00 ring (a family heirloom) that he was wearing on a gold chain around his neck while walking alone on a beach in Punta Cana.
Canada
1 Feb 2019
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