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Michael’s Law Firm Blog2018-10-05T15:09:06+00:00

Michael’s Law Firm Blog

Backing out of an Ontario Agreement of Purchase and Sale – What You Should Know:

Two recent Superior Court decisions should serve as a reminder that backing out of a signed (and enforceable, which is not always the case) Agreement of Purchase and Sale (APS) for a property can prove costly. In Bang v. Sebastian, 2018 ONSC 6226 (CanLII), Sebastian agreed to purchase Bang’s Mississauga property for $995,000 through an APS dated May 2017. Sebastian paid a deposit, but with house prices falling, purchased another house [...]

By |October 21st, 2018|Categories: Legal System, Ontario Courts|

How Much is My Ontario Long Term Disability Claim Worth?

The monetary value of a long term disability claim depends upon a number of factors. The initial factor of course is whether you can prove you are entitled to long term disability benefits (which comes down to whether you can show you meet the policy definition of disability), and if so, your age and likely prognosis (i.e. if you are expected to recover within 6 months, your claim will have [...]

By |August 16th, 2018|Categories: Insurance|

Is Insurance Coverage Becoming Illusory?

Broadly speaking, insurance is a form of risk management, used by people and organizations to distribute and allocate risk. In exchange for payment of a premium, an insurer guarantees compensation where a policyholder incurs a specified loss (provided such loss is not specifically excluded). However, in recent decades, insurers have increased the number and breadth of exclusions. Coupled with aggressive policy denial practices, this has acted to negate coverage and [...]

By |August 15th, 2018|Categories: Insurance|

Suing Your Lawyer Not a Do-It-Yourself Affair

In 2006, Ms. Salman was injured in a car accident. Subsequently, she retained lawyer Robert Ipacs to pursue damages against the driver of the vehicle. Mr. Ipacs handled her car accident case through the pre-trial conference, at which time he elicited a settlement offer from the defendant for $125,000.00, all inclusive. Ms. Salman accepted the offer and signed a Release. Close to two years later and representing herself, she sued [...]

By |August 14th, 2018|Categories: Uncategorized|

Title Insurance Covers Building Defects

The recent Breen v. FCT Insurance, 2018 ONSC 3644 (CanLII) case is illustrative of the breadth of coverage afforded to Ontario homeowner’s through title insurance. In that case, John Breen purchased a cottage in 1999. When he went to construct an addition in 2011, he learned of the existence of serious (but hidden) structural defects (latent defects) and was advised not to occupy the building. It was subsequently determined that [...]

By |July 10th, 2018|Categories: Insurance|

Court of Appeal Affirms Occupier’s Liability

In Ontario, the occupier of property is under a statutory duty to: "take reasonable care in the circumstances to make their premises safe. The factors which are relevant to an assessment of what constitutes reasonable care will necessarily be very specific to each fact situation." Occupiers’ Liability Act, S.3(1), R.S.O. 1990, c. O.2. The contours of that duty were recently explored in the case of Tondat v. Hudson's Bay Company, [...]

By |March 29th, 2018|Categories: Uncategorized|

Court Awards Full Costs in Insurance Coverage Dispute

In the recent Hoang v The Personal Insurance Co., 2017 ONSC 4193 (CanLII) case, the Court ordered the insurance company to pay full indemnity costs (all legal fees) where the insurance company had wrongfully denied coverage. The Hoang case arose after a young boy was injured crossing the street, after having been dropped off on the opposite side by his father. Ultimately, the boy’s mother sued his father for negligence [...]

By |February 22nd, 2018|Categories: Uncategorized|

Insurance Coverage Issues After You’ve Been Sued In Ontario

In this article I will discuss what you need to know about being sued in Ontario and how your insurance policy will come into play, including what to do if your insurance company denies coverage or asks you to sign a non-waiver agreement. What Should I Do If I Have Been Sued In Ontario? If you have been sued or served with a claim in Ontario, it is important that [...]

By |October 19th, 2017|Categories: Insurance|

Best Examination for Discovery Tips for My Clients

Examinations for Discovery (also sometimes referred to as depositions) are arguably the most important step in many lawsuits. It is the one opportunity (in most cases) for the opposing lawyer to question a party and to gauge whether they will present as believable and likable at trial. In the majority of cases, those two factors are crucial not only to (the amount of) damages, but also to whether you win [...]

By |June 14th, 2017|Categories: Legal System, Ontario Courts|

Discoverability and Professional Relationships

Recently, in Presidential MSH Corporation v. Marr Foster & Co. LLP, 2017 ONCA 325, the Court of Appeal again addressed the discoverability doctrine within the scope of professional relationships. This decision is likely to have significant implications in cases involving professional negligence. The facts of the Presidential MSH Corporation (Presidential) case were relatively straightforward. Presidential retained the defendant accountants to file its income taxes, which they were late doing. This [...]

By |April 24th, 2017|Categories: Malpractice, Professinal Negligence|
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