Michael’s Law Firm Blog

How Much is My Ontario Long Term Disability Claim Worth?

Michael Lesage Michael Lesage   August 16, 2018

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…

Is Insurance Coverage Becoming Illusory?

Michael Lesage Michael Lesage   August 15, 2018

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…

Suing Your Lawyer Not a Do-It-Yourself Affair

Michael Lesage Michael Lesage   August 14, 2018

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…

Title Insurance Covers Building Defects

Michael Lesage Michael Lesage   July 10, 2018

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…

Court of Appeal Affirms Occupier’s Liability

Michael Lesage Michael Lesage   March 29, 2018

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…