At the end of the day after some interesting analysis of the test for civil fraud, the test for fresh evidence, s.184(2) of the Insurance Act, and the various standards of appeal, the Court of Appeal held that the Application Judge did not err when she found that the Insured did not meet the intent […]
Category: Case Law
Rolling Limitation Periods and Periodic Payments: Karkhanechi v. Connor, Clark & Lunn Financial Group Ltd., 2022 ONCA 518
In Karkhanechi v. Connor, Clark & Lunn Financial Group Ltd., 2022 ONCA 518, the Ontario Court of Appeal reviewed the concept of rolling limitation periods and held that rolling limitation periods do not apply to periodic payments when an employee is aware of a potential breach from the beginning and there is no “fresh cause […]
Largest Punitive Damages Award – Baker v. Blue Cross Life Insurance Company of Canada
By now everyone has heard about the Toronto jury decision awarding the largest known punitive damages on record to an individual plaintiff in Canada after a five-week trial in the Ontario Superior Court of Justice. The award of $1.5 million in punitive damages was made against the Blue Cross Life Insurance Company of Canada (“Blue […]
Relief from Forfeiture in LTD – Smith v. Sun Life and Wiles v. Sun Life
Smith v. Sun Life 2021 ONSC 7109 (CanLII) The Ontario Court granted the Plaintiff relief from forfeiture for failing to submit a formal Long Term Disability (LTD) application and dismissed Sun Life’s motion for summary judgment to dismiss the Plaintiff’s claim. Key Facts and timing in Smith The Plaintiff was approved for Short Term […]
Are mediations always confidential?
Union Carbide Canada Inc. v. Bombardier The Supreme Court of Canada found that a confidentiality clause in a private mediation can override the exception to the common law settlement privilege that enables parties to produce evidence of confidential communications in order to prove the existence or the scope of a settlement. The court explained […]
Peres v Moneta Porcupine Mines Inc.
The Importance of Signed Minutes of Settlement We have all been in lengthy mediations that carry on well past 5pm. At the end of the day when a settlement number is agreed on, the parties may decide to finalize the settlement after the mediation, the next day, or even later. This may not be wise, […]
Koski v Terago Networks Inc.
Koski v Terago Networks Inc. 2021 BCSC 117 – Wrongful dismissal Koski was dismissed without cause and without notice after 13 years of employment. Although he had an employment contract, it did not include a termination clause. The Supreme Court of British Columbia found that Koski was entitled to the bonus he would have received during his […]
Foster v Aviva General Insurance
CERB not akin to EI and not deductible from IRB In the recent Licence Appeal Tribunal (“LAT”) reconsideration decision of Foster v Aviva, 2021 ONLAT 19-014657/AABS adjudicator Vice Chair Boyce granted the applicant’s request for reconsideration. In the initial decision, adjudicator Ferguson suggested that the applicant’s receipt of the Canada Emergency Response Benefit (“CERB”) and Canada […]
Working for Workers Act, 2021
On November 30, 2021 Ontario passed Bill 27, the Working for Workers Act, 2021 (the “Workers Act”) with Royal Assent expected to follow within the coming weeks. Four key highlights of the Workers Act, are as follows: 1. The “right to disconnect” requires employers with 25 or more employees to develop a written policy addressing employees’ ability […]