Publications

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  • The Rise of Bullying and an Insurer’s Duty to Defend

    Kelly Santini LLP, Ontario, 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...
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  • Reason Restored by Ont. C.A. – Consultation Between Counsel and Expert Witnesses Permitted

    Kelly Santini LLP, Ontario, March 20, 2015 – Lawyers were taken aback by the January 2014 decision at trial in Moore v. Getahun.  The trial judge held that it was improper for counsel to assist an expert witness in the preparation of the expert’s report.  The extent to which this ruling was of concern is demonstrated by the number of intervenors (six) who...
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  • Summary Judgement Ruling Avoids $2.5M Insurance Payout

    Kelly Santini LLP, Ontario, August 17, 2014 – Kelly Santini‘s Mitch Kitagawa successfully brought a motion for summary judgment to dismiss the plaintiff’s action in Mississippi River Corporations v. Municipal Electric Association Reciprocal Insurance Exchange 2014 ONSC 3784. In the ruling, Justice M.Z. Charbonneau agreed that the costs associated with the plaintiff’s voluntary decision to conduct repairs to its hydroelectric facility in Almonte,...
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  • 2014 Case Law Update

    Kelly Santini LLP, Ontario, June 20, 2014 – The end of 2013 and the first few months of 2014 saw several developments in insurance law and civil procedure. These developments included rulings from trial level Courts up to the Supreme Court of Canada and cover a number areas important to insurers. In this webinar, recorded June 16th, 2014, insurance defence lawyers Mitchell Kitagawa...
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