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

Michael’s Law Firm Blog

E&O Coverage Available to Professional Engineer Where Delay Caused by Negligence

Recently, the Court of Appeal ruled that insurance coverage was available to a professional engineer who was liable for delay damages, where that delay was caused by negligence. The facts in Hollowcore Incorporated v. Visocchi, 2016 ONCA 600, were relatively straightforward. Visocchi, a professional engineer and principal of Visco Engineering Inc. was retained to produce engineering drawings for an addition to an existing commercial parking garage. The contract stated that [...]

By |August 1st, 2016|Categories: Professinal Negligence|

Court Cautions Against Improper Objection to the Form of Orders

In Continental Casualty Co. v. Symons, 2016 ONSC 4750, Continental Casualty Co. moved to lift a stay of execution and to appoint an investigative receiver. After hearing, that motion was granted, and Justice Morgan thereafter delivered his Endorsement to the parties. Continental Casualty Co. then prepared a formal Order, (which was necessary to allow the investigative receiver to commence work), but the Symons defendants refused to agree to the form [...]

By |July 27th, 2016|Categories: Legal System|

Homeowner’s Insurance In Ontario Explained

At the most basic level, a homeowner’s insurance policy is intended to protect an insured homeowner against unexpected loss. However, as anyone who has suffered a loss has likely learned, your insurance company may not be there when you need them. In this post, I will try to give a very basic overview of some of the basic concepts defining your homeowner’s insurance policy and your resulting insurance coverage. Generally [...]

By |July 16th, 2016|Categories: Insurance|

Summary Judgment – The Emergence of Case Management

Summary judgment can be an effective tool to dispose of legal claims and defences without the cost, delay and expense of a formal trial. Unfortunately, Ontario’s courts have struggled to adopt and retain a coherent summary judgment standard since the current iteration of Rule 20 was adopted in 2010. Subsequently, the courts first adopted the ‘full appreciation test’ from Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA 764. This [...]

By |July 14th, 2016|Categories: Legal System, Ontario Courts|

Limitations Extended Where A Dentist Denied Fault and Continued Work

In Chelli-Greco v. Rizk, 2016 ONCA 489, the Court of Appeal upheld a Judge's ruling that Cheli-Greco's claim was not discovered until after she terminated her relationship with Dr. Rizk, such that her claim was not statute barred. In that case, Dr. Rizk was Chelli-Greco's dentist from 2005 until October 2012. On September 21, 2011, Chelli-Greco complained to Dr. Rizk about the bridge he had installed, demanded her money back [...]

By |June 18th, 2016|Categories: Malpractice|

Challenging Expert Business Valuations At Trial

Where the value of a business is disputed at trial, work should start at discovery (if not before) to determine the facts upon which an opposing expert will base his/her valuation, and the reasons used therein in support of such business valuation. The final business valuation (expert report) should then be thoroughly parsed, to determine whether such ‘expert’ has used creative license to arrive at a particular conclusion, either increasing [...]

By |May 22nd, 2016|Categories: Business Law, Ontario Courts|

Continued Medical Treatment Triggers Discoverability Principal

In a significant decision, the Court of Appeals held that the limitations period was tolled (or that the discoverability principal applied) where a patient suffered severe complications after surgery, but the doctor continued to treat to correct the complications. In Brown v. Baum, 2016 ONCA 325, Diana Brown suffered complications after breast reduction surgery performed by Dr. Baum on March 25, 2009. Her wounds had opened up by the day [...]

By |May 4th, 2016|Categories: Malpractice|

Discoverability Doctrine Extends Statute of Limitations in Professional Negligence

Recently, in Clarke v. Faust, 2016 ONCA 223 the Ontario Court of Appeal was asked to determine whether a claim of professional negligence was statute barred, where it was not brought within two years of the plaintiff having knowledge of the claim. After a thorough analysis, the Court held that as a result of the discoverability principle, the professional negligence claim should be allowed to proceed. The Underlying Car Accident [...]

By |March 24th, 2016|Categories: Professinal Negligence|

$1.3 M Reasons Not to Trust an Insurance Denial

When D.C. required an expensive drug (Solaris – costing around $25,000.00 per month) she turned to her group benefits carrier, Industrial Alliance (IA) for coverage. Her IA policy provided for reimbursement of 90% of certain drug costs. However, Industrial Alliance denied coverage, initially relying on an inapplicable policy exclusion. D.C. then submitted her claim to her husband’s benefits carrier Great West Life (which provided benefits for employees of Arcelormittal Dofasco), [...]

By |March 24th, 2016|Categories: Insurance|

BigLaw Tax Advice Contributes to Significant Adverse Judgment

When Ahmed Baig decided to purchase and flip a commercial building that was under receivership, he turned to BigLaw for help. He retained Peter Kiborn, then a partner at Miller Thomson LLP to handle the transaction on his behalf. As part of that retainer, Mr. Kiborn provided advice concerning Baig's obligations to pay land transfer tax. That advice would later play a significant role in Justice Myers decision that Mr. [...]

By |February 28th, 2016|Categories: Uncategorized|
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