Publications

Fillmore Riley LLP, Manitoba, July 14, 2012 – There has been a lot of commentary in the media about naïve Canadians inadvertently failing to provide full disclosure on their applications for travel and disability insurance.  A CBC Marketplace episode highlighted a number of situations where people completed insurance applications, thinking they were covered in case of illness or medical expenses.  In the broadcast,...

Blaney McMurtry LLP, Ontario, June 14, 2012 – INTRODUCTION The Ontario Court of Appeal’s January decision in Jones v. Tsige 2012 ONCA 32 recognized the tort of “intrusion upon seclusion”  as a cause of action in Ontario. This decision may have significant  implications for policyholders and  insurers. Formal recognition of the tort in Ontario marks a significant legal development.  However, American jurisdictions have...

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...