Michael’s Law Firm Blog

Canadian Medical Protective Association (CMPA) Loses in Court

Michael Lesage Michael Lesage   March 19, 2017

In the recent Goodwin v Nadel, 2017 ONSC 1641 (CanLII) case, the Ontario Superior Court struck a doctor’s limitations defence, despite the fact that the claim was not brought for 11 years after treatment. This result is significant, in that it reaffirms that in certain instances of alleged professional negligence, the ‘discoverability doctrine’ will apply,…

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Pro Se – Penny Wise and Pound Foolish

Michael Lesage Michael Lesage   February 24, 2017

The legal system can be a dangerous place to go it alone, as the recent Lippa v. Colletta, 2017 ONSC 1122 (CanLII) case illustrates. The facts in the Lippa case are relatively straightforward. In October 2009, Ms. Lippa was looking to purchase a home. She retained realtor Hal Latimer to assist her, and Mr. Latimer…

Important Court of Appeal Decision – Legal Malpractice

Michael Lesage Michael Lesage   February 20, 2017

Factual Background In 2007, Darren and Lillian Jarbeau (hereafter ‘Jarbeau’) purchased a new home in North Bay, built by Thermolith Homes, for $270,000.00. The home was a pre-fabricated structure built in Belgium and assembled on site. It leaked (due to improper water barrier installation), was defective and did not meet Ontario’s building code. Jarbeau then…

When is Water Damage Covered Under a Homeowner’s Insurance Policy in Ontario?

Michael Lesage Michael Lesage   December 14, 2016

Recently, in Wight v Peel Insurance, 2016 ONSC 6904 (CanLII), the Superior Court was required to determine whether water damage was covered under a Homeowner’s insurance policy, issued by Peel Insurance. The facts in that case are relatively straightforward. Ms. Wright, owned a home located 15 metres from a creek. Approximately 500 metres up the…

Court of Appeal Releases Important Class Action Decision on Jurisdiction

Michael Lesage Michael Lesage   December 7, 2016

Today, the Court of Appeal released an important decision governing which class actions may properly be brought in Ontario Courts. In Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP, 2016 ONCA 916, the plaintiff, a limited partnership operating in Toronto, brought suit against a Toronto based accounting firm after losing its almost million dollar…

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