Publications

Blaney McMurtry LLP, Ontario, January 28, 2020 – Blaney McMurtry partner Sheldon Inkol was successful in having a Statement of Claim dismissed via summary judgment in the matter of Swan v. Durham Condominium Corporation No. 45. The plaintiff – a unit owner in a residential condominium and a former member of the Board of Directors of the condo corporation – had a lengthy history of litigation...

Kelly Santini LLP, Ontario, January 28, 2020 – On September 30, 2019, the Ontario Court of Appeal upheld the Ontario Superior Court decision of Justice Ryan Bell in Mississippi River Power Corporation v. WSP Canada Inc., 2018 ONSC 6104. This is an important case for owners, consultants and contractors because it means that a limitation of liability clause in a consultant’s contract may also be...

Stein Monast, Quebec, January 28, 2020 – In a judgment rendered on April 15, 2019, the Superior Court stated on a claim by the owners of a building that had caught fire against their insurer, denying coverage on the ground that the insureds had been growing marijuana in the building, and that therefore the exclusion clause related to the use of an...

Fillmore Riley LLP, Manitoba, December 17, 2019 – The Supreme Court of Canada recently released a decision highlighting the law relating to unjust enrichment and constructive trusts in the context of a dispute over the proceeds of an insurance policy. In Moore v. Sweet, the majority of the SCC imposed a remedial constructive trust on the proceeds of a life insurance policy in favour...