Sep 23, 2019 | Commercial Litigation
By: Shaun Hashim, Litigation Associate There are many statutes containing limitation periods that bar plaintiffs from bringing an action after a specified period of time. Provincial limitation acts have largely codified the “discoverability principle” (i.e. that a...
Sep 23, 2019 | Commercial Litigation
By: Christiaan A .Jordaan[1], Counsel The Supreme Court of Canada’s decision in Pioneer Corporation v Godfrey, 2019 SCC 42, was a victory for the plaintiff, but it may prove advantageous for class action defendants in other cases. In an 8 to 1 decision released on...
Jul 18, 2017 | Commercial Litigation, Insurance
By: Lawrence G. Theall, Partner & Shaun A. Hashim, Litigation Associate Ontario’s two year limitation period often becomes a trap for unwary policy holders who suffer a property loss. It is not uncommon to see claims drag on through the adjusting process,...
May 30, 2017 | Commercial Litigation, Insurance
By: Melissa A. Wright, Litigation Associate The Ontario Court of Appeal’s recent decision in G & P Procleaners and General Contractors Inc. v. Gore Mutual Insurance Co. (“Procleaners”)[1] is an interesting example of the application of the...
May 12, 2016 | Commercial Litigation, Insurance
By: Camille M. Dunbar, Litigation Associate A stout, upholstered chair may, at first blush, seem innocuous. It’s easy to ignore the warnings often recited by parents and teachers to sit property when rocking back and forth on a chair’s legs. However, in...
Nov 30, 2015 | Commercial Litigation, Insurance
By: Shaun A. Hashim, Litigation Associate The Ontario Court of Appeal has again confirmed that an insurer’s contractual right to control a defence must yield to the interests of its insured where its coverage position creates a reasonable apprehension that...
