Archives for: Insurance

New Notice Provisions under the Occupier’s Liability Act – Something Old, and Something New

Starting January 29th, 2021, the coming into force date for the legislative amendments, claimants in Ontario who suffer an injury due to snow or ice on property other than on a road/sidewalk/boulevard (i.e. beyond the limits of a highway) must serve notice personally or via registered mail upon at least one of the “occupiers” of […]

Supreme Court of Canada to Review Policy vs. Operational Decisions

The SCC has granted leave to appeal from a B.C. Court of Appeal decision, which set aside a Trial Decision in favor of a municipal defendant, that upheld a “policy defence”. Following a heavy snowfall in January of 2015, the municipal defendant cleared snow on the downtown streets in a way that created snowbanks along […]

Managing Risk and Liability in Parks, Playgrounds, and Open Spaces in Municipalities

Charles Painter of PMLaw is scheduled to teach a course entitled “Managing Risk and Liability in Parks, Playgrounds, and Open Spaces in Municipalities” on September 24th, 2020 via webinar, organized by EPIC training. See the course outline and sign up here:

Lloyd v. Bush (Napanee) – Third Time is the Charm?

The Ontario Superior Court of Justice has, following an 11 day Trial in Belleville on the question of liability arising from a motor vehicle accident 17 years ago on January 3, 2003 (damages were assessed at $4.1 million previously), recently released the third (yes, that is right, THIRD) trial decision in Lloyd v. Bush, an epic […]

The Concurrent Duty to Defend – Court of Appeal for Ontario’s Latest Decision Affecting Municipal Insurers

In the recently released decision of Markham (City) v. AIG Insurance Company of Canada, 2020 ONCA 239,the Ontario Court of Appeal set aside a ruling by an Application Judge and ordered Lloyd’s to share equally in the defense costs with AIG, pending the final determination of a case involving a young person allegedly injured by […]

Municipal Road Maintenance during the COVID-19 Pandemic

Ontario Regulation 239/02, Minimum Maintenance Standards for Municipal Highways allows for a declaration of a “Significant Weather Event” but does not speak specifically to a “non-weather” event per-se, however for all municipalities in Ontario faced with the daunting task of maintaining essential services during an unprecedented pandemic, the following provision of the MMS may provide […]

Blog Archive