Michael’s Law Firm Blog
Important Court of Appeal Decision – Legal Malpractice
Factual Background In 2007, Darren and Lillian Jarbeau (hereafter ‘Jarbeau’) purchased a new home in North Bay, built by Thermolith Homes, for $270,000.00. The home was a pre-fabricated structure built in Belgium and assembled on site. It leaked (due to improper water barrier installation), was defective and did not meet Ontario's building code. Jarbeau then retained lawyer Ian McLean to recover damages, which ran to several hundred thousand dollars. On [...]
When is Water Damage Covered Under a Homeowner’s Insurance Policy in Ontario?
Recently, in Wight v Peel Insurance, 2016 ONSC 6904 (CanLII), the Superior Court was required to determine whether water damage was covered under a Homeowner’s insurance policy, issued by Peel Insurance. The facts in that case are relatively straightforward. Ms. Wright, owned a home located 15 metres from a creek. Approximately 500 metres up the creek was a man-made dam covering 10-12 acres, on property owned by Huntsville-Highlands. In April [...]
Court of Appeal Releases Important Class Action Decision on Jurisdiction
Today, the Court of Appeal released an important decision governing which class actions may properly be brought in Ontario Courts. In Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP, 2016 ONCA 916, the plaintiff, a limited partnership operating in Toronto, brought suit against a Toronto based accounting firm after losing its almost million dollar investment in Southern China Livestock Inc., a Nevada Corporation, which owned or operated a number [...]
Will a Jury Help Your Car Accident Case in Ontario?
Few would argue that the human body is designed to withstand the forces involved in car accidents without injury. Where one party is injured through the fault of another, our legal system is designed to provide the injured person with compensation. Unfortunately, our legal system often fails to function properly where injuries are sustained in a car accident. The recent case of Mandel v. Fakhim, 2016 ONSC 6538 provides one [...]
When Will a Court Refuse To Enforce a Contract As Unconscionable?
In certain circumstances, the Court will refuse to enforce the written terms of a contract. The recent case of Singh v. Trump, 2016 ONCA 747 provides one such example. In that case, which I’ve written about in more detail here, two condo buyers alleged that they had been induced to buy ‘Hotel Units’ in Trump International Hotel based on misrepresentations, including inaccurate estimates as to their projected returns on investments. [...]
Real Estate Investors Induced By Misrepresentations
In the mid 2000’s, two middle class Toronto residents, Mr. Singh and Mrs. Lee, were each (separately) looking to profit from Toronto’s rising housing market. When each heard about the planned Trump International Hotel and Tower, they decided to visit the sales center to learn more about the project. It was a visit each would come to regret. Trump International Hotel and Tower is Born: The Trump International Hotel and [...]
How To Help Your Lawyer Win Your Personal Injury Case – Updated
If you’ve been injured and have a legal claim, you might be wondering what you can do to help your lawyer win your case, or at least obtain a better settlement. While I can’t speak for every lawyer, here are some things that my clients can do to help me get them the best results in their cases: The Baseline Initially, it is always helpful when my clients give some [...]
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 [...]
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 [...]
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 [...]