Publications

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  • Duty to Defend Applied Despite Exclusions for the Insured’s Work

    Kelly Santini LLP, Ontario, January 19, 2018 – Parkhill Excavating Ltd v Royal & Sunalliance Insurance Co of Canada (2016 ONCA 832) – Parkhill, designed and installed septic systems. It had commercial liability policies between 2004 to 2010 with a number of insurers. Parkhill’s septic systems were found to be defective and 36 septic systems had to be replaced. Parkhill was sued for negligence...
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  • Bill C-45 – The Cannabis Act: What Insurers Need to Know to Avoid Getting Caught in the Weed

    Kelly Santini LLP, Ontario, December 08, 2017 – The federal government’s Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (“the Cannabis Act”), has now passed its first reading in the Senate.[1] While the Cannabis Act is still subject to further debate, Parliamentary approval, and Royal Assent, the federal government maintains that...
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  • Court of Appeal Gives Thumbs Down to Dog Bite Plaintiff

    Kelly Santini LLP, Ontario, November 13, 2017 – Wilk v Arbour, 2017 ONCA 21. This is an appeal from an order of Faieta J. dismissing the Plaintiff’s motion for summary judgement under the Dog Owner’s Liability Act and granting the Plaintiff’s cross-motion, finding that she was entitled to damages. The appeal was allowed. Read More
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  • Cost Savings in Summary Judgment Motions

    Kelly Santini LLP, Ontario, October 19, 2017 – Caithesan v. Amjad, 2016 ONSC 5720 In this case the Plaintiffs brought  motions for summary judgment against the Defendant, Saad Amjad (Amjad) who was 16 years old at the time of the incident.  He had taken his mother’s car without consent and then lost control of the car injuring two of his passengers.  Based on his...
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