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May 19, 2016 – Stephen Appotive and Crystal Schulz of Kelly Santini LLP successfully represented the defendants in Powell v Dowsley 2016 ONSC 1951 when the plaintiffs sued for damages of $350,000 for loss of enjoyment from the property. The defendants had installed an outdoor wood burning furnace to heat their home.  The plaintiffs claimed that smoke from the...

February 17, 2016 – If after school specials are to be believed, a bully is a neighbourhood tough demanding lunch money. In our ever changing society this antiquated notion no longer holds sway: bullying has moved from the lunch room into the online world. With this shift, the definition of bullying has become somewhat amorphous. Now, not only does...

November 18, 2015 – In its recent decision Carioca’s Import & Export Inc. v. Canadian Pacific Railway, the Ontario Court of Appeal has sent a clear message that the passage of time – albeit egregious – is not sufficient to dismiss an action for delay.  In that case, the Court restored an action to the trial list, despite a...

July 14, 2015 – Climate Change and Liability Insurance While property insurance has been at the forefront of insurers’ concerns resulting from climate change, liability insurance will also very probably be affected. As the effects of climate change become increasingly apparent, insurers can anticipate a corresponding increase in the number of claims. Not only may the volume of claims...