The defendant’s Anti-SLAPP motion to dismiss the defendant’s defamation lawsuit was dismissed. The defendant, and former wife of the plaintiff, publicly shared a post on Facebook alleging sexual, physical and emotional assault. While the statement was found to be a matter of public interest, the plaintiff successfully established that the claim had substantial merit and the defendant had no valid defence…
Occupiers Liability for COVID-19 Exposure: A Difficult Claim to Make
September 2021 marks the 1.5-year mark since the start of the COVID-19 Pandemic. The impact that COVID-19 has had around the world has been nothing short of unprecedented. The world has pivoted in ways we never imagined possible in such a short time…
Suing a Municipality: What if I Didn’t Give Notice Within 10 days?
Section 44(10) of the Municipality Act mandates that for incidents that occur on municipal sidewalks or roadways, an injured party must provide notification of the incident to the municipality within ten business days, failing which they are disentitled from suing the municipality for their injuries. However, there is an exception to the 10-day notice period…
Skoblenick v. Aviva General Insurance Company, 2021 ONSC 5340 (CanLII)
A recent decision that speaks to the conduct of counsel with regard to discoveries…
How Many People Actually Buy Optional Accident Benefits?
In Ontario, the standard no-fault Accident Benefit coverage for Catastrophic injuries (i.e. the most serious injuries) is $1M for all Medical, Rehabilitation and Attendant Care services. That amount is not enough to protect you if you are catastrophically injured. For an extra cost, you can buy an extra $1M of coverage (increasing your coverage to $2M)…
Aviva Insurance Company of Canada v. Danay Suarez, 2021 ONSC 6200
The Divisional Court decision of Aviva v. Suarez is a recent SABS decision that has important ramifications for the public pertaining to the access to injury victims of benefits provided for in the Statutory Accident Benefits Schedule…