Blaney McMurtry LLP

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (AUGUST 12 – 16, 2019)

By John Polyzogopoulos on August 16, 2019

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Good afternoon. It was a light, yet eventful week at the Court of Appeal for Ontario. Smith v Ontario (Attorney General) marked the second time in the last four months that the Court has addressed the issue of prosecutorial immunity, having already done so in the April 2019 decision in Clark v. Ontario (Attorney General). Smith involved a crossclaim…

Blaneys Fidelity Blog

C.S. McCrossan Inc.: Eighth Circuit applies Crime Policy’s Authorized Representative Exclusion in finding No Coverage for loss caused by Insured’s Property Manager’s Employee

By Chris McKibbin & Maria Christodoulou on August 14, 2019

On August 6, 2019 the Eighth Circuit Court of Appeals released its decision in C.S. McCrossan Inc. v. Federal Insurance Company. The decision addresses a host of coverage issues, including the application of the “Authorized Representative” exclusion and the definitions of “Subsidiary” and “Contractual Independent Contractor.” The case is instructive for fidelity claims and underwriting professionals, as well as brokers and corporate risk managers.…

Blaneys Appeals

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (AUGUST 5 – 9, 2019)

By John Polyzogopoulos on August 9, 2019

Jump To: Table of Contents | Civil Decisions | Provincial Offences and Criminal Decisions | Good Evening, We thought this week’s installment posted last Friday, but experienced a technical glitch. We apologize if you are receiving duplicate notifications, but we are happy to now be presenting the week’s decisions. This was a light week for the Court of Appeal. Topics covered this week included the rescission of agreements of purchase of sale of condos arising…

Blaneys Appeals

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JULY 29 – AUGUST 2, 2019)

By John Polyzogopoulos on August 2, 2019

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions Good evening. Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. In Marvelous Mario’s Inc. v. St. Paul Fire and Marine Insurance Co., the Court of Appeal dealt with the issue of when a rolling limitation period exists in the breach of contract context (insurance policy). When there is only one breach, but…

Blaneys Appeals

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JULY 22 – 26, 2019)

By John Polyzogopoulos on July 26, 2019

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board Good afternoon, Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. Topics covered this week included several family law decisions, international sale of goods and striking pleadings. The summer is now almost half over already, so I hope everyone finds some time to enjoy it before it is too…

Blaneys Appeals

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JULY 15 – 19, 2019)

By John Polyzogopoulos on July 20, 2019

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board Good afternoon, Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. In Stegenga v Economical Mutual Insurance Company, 2019 ONCA 615, the Court had to interpret s. 280 of the Insurance Act. This section relates to the administration of Statutory Accident Benefits under the License Appeal Tribunal. The appellant…

Blaneys Appeals

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JULY 8 – 12, 2019)

By John Polyzogopoulos on July 13, 2019

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board Good evening. Following are the summaries for this past week’s civil decisions of the Court of Appeal for Ontario. In Dermann v. Baker, 2019 ONCA 584, the Court considered the qualifying of certain witnesses as experts for the purposes of r. 53.03 of the Rules of Civil Procedure, the standard of review for a trial judge’s…

Blaneys Appeals

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JULY 1 – 5, 2019)

By John Polyzogopoulos on July 5, 2019

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board Good evening. Following are the summaries for this past week’s civil decisions of the Court of Appeal for Ontario. Although it was a short week, the Court released a couple of decisions that may be of interest to our readers. For a great summary of the principles governing a motion for security for costs on appeal,…

Blaneys Appeals

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JUNE 24 – 28, 2019)

By John Polyzogopoulos on June 29, 2019

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board Good evening. The key decision of the week was Reference re Greenhouse Gas Pollution Pricing Act, in which the Court found the Greenhouse Gas Pollution Pricing Act (the “Act”) to be constitutional. The Act puts a price on carbon pollution in order to reduce greenhouse gas (“GHG”) emissions and to encourage innovation and the use of…

Blaneys Appeals

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JUNE 17 – 21, 2019)

By John Polyzogopoulos on June 21, 2019

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board Good evening. Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. First off, we would like to congratulate our firm’s very own, David Greenwood, for the excellent result obtained in Mikelsteins v. Morrison Hershfield Limited. The Court dealt with the question of whether an employee who had been terminated…

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BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (AUGUST 12 – 16, 2019)

C.S. McCrossan Inc.: Eighth Circuit applies Crime Policy’s Authorized Representative Exclusion in finding No Coverage for loss caused by Insured’s Property Manager’s Employee

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (AUGUST 5 – 9, 2019)

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JULY 29 – AUGUST 2, 2019)

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JULY 22 – 26, 2019)

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JULY 15 – 19, 2019)

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JULY 8 – 12, 2019)

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JULY 1 – 5, 2019)

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JUNE 24 – 28, 2019)

BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (JUNE 17 – 21, 2019)

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