Publications

Kelly Santini LLP, Ontario, May 14, 2012 – After fielding a team in the Can-Am League during the 2008 season, Rapidz Baseball advised the League that it would not operate the following year and requested a voluntary withdrawal based on financial hardship. The League rejected the application after holding an arbitration hearing before the League’s Board, terminated the team’s membership and drew down...

Kelly Santini LLP, Ontario, April 29, 2012 – In a decision of April 5, 2012 of Regional Senior Justice Hackland, Mitch Kitagawa successfully argued that when a cancellation of a policy for non-payment of premium is deemed to have been given, the 30 days notice period also commences.  In this case, the insurer was found to have provided the proper notice and the...

McKercher LLP, Saskatchewan, April 28, 2012 – The certification application in a proposed class action against four travel companies alleging they negligently sold the Plaintiffs vacations to resorts in Cuba during a drought was dismissed because the pleadings failed to disclose a cause of action in negligence or negligent misrepresentation, failed to establish an identifiable class, failed to raise sufficient common issues...

Kelly Santini LLP, Ontario, April 27, 2012 – Mitch Kitagawa successfully brought a summary judgment motion on behalf of an insurer to dismiss an action brought by Chrysler Financial Services seeking coverage under a motor vehicle policy.  Chrysler was the lessor of a vehicle owned by the insured.  The insured stated on the application that he owned the vehicle.  When the policy was cancelled...