Publications

Blaney McMurtry LLP, Ontario, 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...

Blaney McMurtry LLP, Ontario, 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...

Blaney McMurtry LLP, Ontario, February 11, 2015 – In January, the Ontario Court of Appeal handed down its highly anticipated decision in Moore v. Getahun. The decision provides much needed guidance for litigators and their clients in relation to the role of counsel in interacting with an expert witness in the preparation of an expert’s report.  The underlying trial dealt with a medical...

Blaney McMurtry LLP, Ontario, January 13, 2015 – In a very recent decision – Elias v. Koochek – the Court addressed the issue whether the insurer of a renter of a vehicle who is not named as a defendant in the main action, but has been brought into the action as a third party, has priority over the insurer of the owner of the...