Archives

January 28, 2020 – Blaney McMurtry partner Sheldon Inkol was successful in having a Statement of Claim dismissed via summary judgment in the matter of Swan v. Durham Condominium Corporation No. 45. The plaintiff – a unit owner in a residential condominium and a former member of the Board of Directors of the condo corporation – had a lengthy history of litigation...

January 28, 2020 – On September 30, 2019, the Ontario Court of Appeal upheld the Ontario Superior Court decision of Justice Ryan Bell in Mississippi River Power Corporation v. WSP Canada Inc., 2018 ONSC 6104. This is an important case for owners, consultants and contractors because it means that a limitation of liability clause in a consultant’s contract may also be...

December 17, 2019 – The Ontario Court of Appeal released a new decision in Tomec v Economical Mutual Insurance Company, which affirmed that the two-year limitation period in section 281.1(1) of the Insurance Act (the “Act”) and section 51(1) of the Statutory Accident Benefits Schedule (“SABS”) are subject to the rule of discoverability. Read More

November 25, 2019 – Overpayments commonly occur when an insured is paid an income replacement benefit (IRB) and subsequently receives retroactive Long Term Disability benefits (LTD) or Canada Pension Plan (CPP) benefits. Each are deductible from IRB, and their retroactive nature may require an insurer to claw back an overpayment made to an insured. Recovering an overpayment is governed...