Sep 4, 2015 | Commercial Litigation, Product Liability
By: Jeffrey A. Brown, Partner The Ontario Court of Appeal has held that where a plaintiff has imposed the methods and materials that the defendant must use to complete a project, the defendant is absolved of responsibility if the project proves to be defective, as the...
Jul 7, 2015 | Commercial Litigation, Insurance
By: Melissa A. Wright, Litigation Associate The Ontario Superior Court of Justice recently held that an additional insured was covered by a policy, where there was no direct claim against the named insured, even though the coverage was limited to claims arising from...
Apr 21, 2015 | Commercial Litigation
By: Jeffrey A. Brown, Partner Globalization of industry has resulted in materials and components often being supplied from multiple markets across the world. When something goes wrong, and claims arise, it can prove difficult to enforce your contractual rights to...
Apr 13, 2015 | Commercial Litigation, Product Liability
By: Jeffrey A. Brown, Partner A recent decision by the Ontario Court of Appeal, illustrates the difficulties faced by companies that try to challenge a jury’s findings. In Stillwell v. World Kitchen Inc.,[1] the plaintiff was injured when a Dutch oven he was...
Apr 2, 2015 | Commercial Litigation, Product Liability
By: Melissa A. Wright, Litigation Associate A commercial rabbit farmer found out that the implied warranty of merchantability under Ontario’s Sale of Goods Act provides no protection where causation is not proven and the contractual documents provided no basis...
Jan 26, 2015 | Commercial Litigation, Insurance
By: Camille M. Dunbar, Litigation Associate The British Columbia Supreme Court recently released its decision in Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Company,[1] which considered for the first time in Canada the LEG 2/96 clause, a...
