Publications

Kelly Santini LLP, Ontario, September 16, 2016 – State Farm Mutual Automobile Insurance Company v Aslan et al., 2016 ONSC 2725 In this case, State Farm sought an order to compel each respondent to attend an examination under oath (examination) pursuant to section 33 of the Statutory Accident Benefits Schedule – O. Reg 34/10 (Schedule). At issue was whether State Farm had provided...

Kelly Santini LLP, Ontario, May 19, 2016 – Stephen Appotive and Crystal Schulz of Kelly Santini LLP successfully represented the defendants in Powell v Dowsley 2016 ONSC 1951 when the plaintiffs sued for damages of $350,000 for loss of enjoyment from the property. The defendants had installed an outdoor wood burning furnace to heat their home.  The plaintiffs claimed that smoke from the...

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...

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...