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Third-Party Claim: Is It Out Of Time?

July 28, 2017 | Theodore J. Madison

MT Insurance Law Blog

Third party proceedings can be an efficient, and cost-effective way of adding parties and any related claims arising from the same set of facts. Rule 29.02 provides the time constraints for when third party claims must be issued: within ten […]

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“Green” Changes Announced for Ontario Building Code

July 20, 2017 | Aaron Atcheson

Breaking Ground: MT Construction Law Ontario Edition

On July 14, 2017, the Ministry of Municipal Affairs announced the replacement of the Ontario Building Code, effective January 1, 2019. The changes are being made to include new requirements supporting the government’s Climate Change Action Plan (CCAP) of June […]

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An Apt Decision: Ontario Court of Appeal Overturns Limitation Period Ruling

July 14, 2017 | Patricia J. Forte

MT Insurance Law Blog

Introduction A recent Ontario Court of Appeal decision determined that a personal injury claim arising from the alleged disrepair of a residential rental unit is not constrained by the one-year limitation period prescribed by the Residential Tenancies Act, 2006[1] (“RTA”). […]

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Ontario SABs Insurers Do Not Have to Justify EUO Reason

July 7, 2017 | Nawaz Tahir

MT Insurance Law Blog

The Ontario Court of Appeal, in Aviva Insurance Company of Canada v. McKeown, 2017 ONCA 563 (CanLII) determined an insurer is not required to provide a “justification” to compel an applicant for benefits to attend an examination under oath pursuant […]

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Estate Planning and Shareholders’ Agreements

June 8, 2017 | Carla Figliomeni

Wealth Matters

The importance of a properly drafted shareholders’ agreement in the context of a business owner’s estate plan is often overlooked. Having a will, or multiple wills, to control what happens to the estate is important; but if a business owner […]

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The Pitfalls of Disability Planning

June 8, 2017 | Hilary Van de Kamer

Wealth Matters

When a testator is considering leaving assets to a beneficiary who has a disability, there are important factors that the testator needs to examine to ensure that the disabled beneficiary is appropriately protected. With new and proposed tax laws, the […]

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When Is a Release Full and Final?

June 8, 2017 | Hodson Harding, Philip A. Carson

Lloyd's Brief: Canadian Legal Perspectives

In the May 5, 2017 decision of Biancaniello v. DMCT LLP, the Ontario Court of Appeal considered whether a release operated to bar a claim even though the claim was unanticipated and unknown at the time the release was executed […]

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Restricted Gifts – What Happens When the Condition of the Gift Can No Longer Be Fulfilled?

June 7, 2017 | Natasha Smith

Social Impact Newsletter

Donors frequently provide gifts to charities to be used for a specific purpose or toward specific programs/initiatives.  These gifts are commonly referred to as restricted gifts and, by accepting such gifts, charities are obliged to apply the gift pursuant to […]

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Restricted Farm Losses: The Plight of the Part-Time Farmer

May 4, 2017 | Robert Graham

The Food Web: Canadian Agribusiness and Food Law

Introduction Not just anyone can become a farmer; yet many Canadians aspire to transfer from their existing occupation into farming. The challenge with said aspiration is that starting up a farm business is difficult, and though the federal government provides […]

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Granger v. Granger – Unjust Enrichment Where There Has Been A “Mutual Conferral of Benefits”

April 28, 2017 | Nicole Hastings

Wealth Matters

Unjust enrichment is a legal concept based on the general equitable principle that no person should be allowed to profit at another’s expense without a legal reason for doing so. The burden is on the plaintiff to prove: 1) an […]

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Disclaimer

This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.