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DECISIONS
- Guarantee Company of North America v. Wawanesa Insurance Company and Zurich Insurance. (7 May, 2010, Arbitrator Lee Samis). This was a priority dispute arbitration where it was held that a no-fault benefits claimant who was a society ward of a child welfare agency was not a dependent, legally or factually, on the agency for the purposes of the Statutory Accident Benefits Schedule.
- Gigliotti v. Fantino, [2010] O.J. No. 875 (S.C.J.) (QL). This case involved the successful defence of a police services board from a claim in negligence, false arrest and false imprisonment arising from deployment of a police emergency response unit in the course of a murder investigation.
- Gore Mutual Insurance Co. v. Guarantee Company of North America, (22 May, 2009, Arbitrator Lee Samis). This was a priority dispute where it was held that a public transit bus was not "made available" for the use of its regular passengers for the purposes of no-fault benefits entitlement. The arbitrator's award was subsequently upheld on appeal: Gore v. Guarantee, [2010] O.J. No. 2925 (S.C.J.) (QL).
- Anderson v. Hamilton (City), (2009), 64 M.P.L.R. (4th) 77, [2009] O.J .No. 4358 (S.C.J.). This case involved the successful defence of a claim against a municipality arising from a trip and fall incident on a sidewalk. At trial, it was proven that there was no dangerous condition on the sidewalk, and that the municipal defendant had a reasonable system of inspection and maintenance in place.
- Essex Condominium Corp. No. 43 v. LaSalle, [2009] O.J. No. 5754 (S.C.J.) (QL). This case involved the successful defence of a municipality from a claim of negligent building inspection. It was held at trial that the municipality had a valid defence based on its policy to rely on the stamp and seal of third party engineers on submitted plans as proof that they complied with the Ontario Building Code and good design practices.
- Charlton v. St. Thomas Police Services Board, (2009), 190 C.R.R. (2d) 103, [2009] O.J. No. 2132 (S.C.J.). This case involved a claim in negligence and false arrest against a police service that was dismissed via a summary judgment motion.
- ING Insurance v. Guarantee Company of North America, (21 January, 2009 – Arbitrator Craig Brown). This was a priority dispute arbitration where is was held that a no-fault benefits claimant could not be considered a "dependent" on a non-natural entity (in this case, a child welfare agency).
- Frank v. Municipality of Central Elgin, (2009), 55 M.P.L.R. (4th) 149, [2009] O.J. No. 220 (S.C.J.). This case involved the successful defence of a municipality from a claim arising from winter road conditions. It was demonstrated that the municipality met the standard of care applicable, and that it was not negligence despite the existence of icy conditions on one of its arterial roads.
- Potter v. Ozols, [2008] O.J. No. 5824 (S.C.J.), aff’d [2009] O.J. No. 5184 (Div. Ct.). This case involved the successful trial of a subrogated action arising from flood damage to a residence. Liability was established without the use of expert evidence, and the trial decision was ultimately upheld on appeal.
- Co-operators v. Guarantee Company of North America, (12 November 2008), Toronto 07-CV-344846 (Ont. S.C.J.). This was a successful priority dispute arbitration that was upheld on appeal.
- Lee v. Bott, [2008] O.J. No. 1517 (S.C.J.). This case involved the successful application of an intentional act exclusion in a liability policy to a situation where the insured had caused fire damage to the Plaintiff’s property.
BULLETINS
PAPERS, ARTICLES, and PRESENTATIONS
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