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Michael’s Law Firm Blog2023-11-28T13:48:10-05:00

CASE EVALUATION

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Michael’s Law Firm Blog

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: Legal System|

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: Legal System|

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: Insurance|

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|

Defamation – Collection of Damage Awards

Though defamation lawsuits are relatively rare, (likely owing to their cost and the fact that insurance coverage is not commonly available), damage awards can still be substantial, as illustrated in the recent McNairn v Murphy, 2017 ONSC 1678 (CanLII) case. In that decision, Justice Beaudoin canvassed awards from a number of other defamation cases, making it a valuable starting point if you are researching damage awards for libel or slander. [...]

By |April 10th, 2017|Categories: Business Law, Ontario Courts|

Canadian Medical Protective Association (CMPA) Loses in Court

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, extending the applicable limitations period. Facts of the Case The facts in the Goodwin case [...]

By |March 19th, 2017|Categories: Legal System, Ontario Courts|

Pro Se – Penny Wise and Pound Foolish

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 brought her attention to a home. Ms. Lippa decided to place an offer, conditional on [...]

By |February 24th, 2017|Categories: Real Estate|
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