Publications

Kelly Santini LLP, Ontario, September 11, 2017 – Unifund Assurance Co v Dominion of Canada General Insurance Co, 2016 ONSC 4337 This case arose when an insured, who owned and operated an automobile repair shop, was injured in a motor vehicle accident while riding in a customer’s vehicle. The insured applied to his own insurance, Dominion Insurance, rather than the insurance of his customer,...

Kelly Santini LLP, Ontario, September 11, 2017 – Arcari v Dawson, 2016 ONCA 715 – This is an appeal from an Order of Sloan J dismissing the Plaintiff’s motion to add defendants after the limitation period had expired.  The appeal was dismissed. The Plaintiff was injured when she was struck by a vehicle while crossing the street in 2009.  In 2010 she sued the...

CBM LLP, Alberta, August 17, 2017 – A person may be injured by the shared act of two or more joint tortfeasors or by the independent acts of several, concurrent tortfeasors. Defendants in a civil suit can be held jointly and severally liable if their combined actions brought about the harm to the plaintiff. When defendants are jointly and severally liable they...

CBM LLP, August 17, 2017 – Unlike Automobile Policies, the contents of Homeowners Policies are not standardized. Policies often have different wording and, even where the differences are subtle, this can lead to very different outcomes. As a result, the interpretation of Homeowner’s policies is very complex and uncertain. It is often not clear whether an exclusion clause can be relied...