Michael’s Law Firm Blog

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…

Court Awards Full Costs in Insurance Coverage Dispute

Michael Lesage Michael Lesage   February 22, 2018

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…

Insurance Coverage Issues After You’ve Been Sued In Ontario

Michael Lesage Michael Lesage   October 19, 2017

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…

Best Examination for Discovery Tips for My Clients

Michael Lesage Michael Lesage   June 14, 2017

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…