Groundbreaking Law

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Holiday Drinking and Social Host Liability

As the holidays approach, it is important to be aware of your legal responsibilities as a host when serving alcohol at your home. For many years, the Supreme Court of Canada’s decision in Childs v. Desmormeaux, 2006 SCC 18, has been the leading case on social host liability. The case involved a drunk party guest who crashed head-on into another car while driving home from a private BYOB New Year’s Eve party. One of the passengers in the other car died and three others were seriously injured. The Supreme Court [...]

Dealing with a major fire loss or property claim? Read Alf Kwinters list of Top 10 Did You Know tips for policyholiders.

Insurance is truly a unique product. What else do we willingly pay for in hopes that we will never have to use it? This is particularly the case with home insurance. We gladly pay the annual premiums knowing that in the case of a fire loss we are protected. All too often, however, this is not the case. A person can pay premiums for years only to find out that once he or she has a fire loss, the insurance company is no longer his/her friend. Dealing with a major [...]

I’ve got replacement cost – so what is it?

Few people look at their home insurance policies -even fewer actually read them. If you do happen to read your policy the words you want to see are “Replacement Cost”or “Replacement Value”. And once you do see these words in your policy what do they tell you? Likely very little unless you understand insurance law. Yes, you get the cost of replacing the item but what cost? The cost you paid? The cost or value the item was worth at the time of the loss? Or the cost to replace [...]

Ontario Trial Lawyers Association Case Summaries – August 11, 2019

Singer Kwinter’s Susan Dhaliwal highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA's August 11, 2019 newsletter. Stewart et al. v. Wood et al., 2019 ONSC 3931 Full Decision Court finds adverse costs insurance an “access to justice” issue and a recoverable disbursement. This cost endorsement follows the settlement of a personal injury action ten days before the start of a scheduled three week trial. The parties agreed on the Plaintiffs’ damages of $75,000 and that the issue of costs and disbursements would be [...]

By | 2019-11-20T17:44:44+00:00 August 11th, 2019|Blog, Groundbreaking Law, Newsletter, Singer Kwinter news|0 Comments

Ontario Trial Lawyers Association Case Summaries – July 7, 2019

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA's July 7, 2019 newsletter. 2343697 Ontario Inc. v. Aviva Insurance Company of Canada, 2019 ONSC 3016 (CanLII) Full Decision The Defendants succeeded on a motion for an order requiring that the Plaintiffs appoint an appraiser pursuant to s. 128(5) of the Insurance Act. On November 24, 2014, the Plaintiffs suffered property damage at their cottage due to inclement weather conditions. The Plaintiffs submitted a proof of loss dated May 19, 2015. [...]

Ontario Trial Lawyers Association Case Summaries – July 7, 2019

Singer Kwinter’s Susan Dhaliwal highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA's July 7, 2019 newsletter. Trudeau v. Cavanagh, 2019 ONSC 2485 Full Decision Defendant successful on motion for summary judgment where Plaintiff signed an Excluded Driver endorsement. This decision arises after the Defendant brought a motion for summary judgment seeking the dismissal of the Plaintiff’s action as a result of a motor vehicle accident on August 7, 2013. The Plaintiff’s vehicle was purchased only a few days before the accident. The day [...]

Ontario Trial Lawyers Association Case Summaries – April 28, 2019

Singer Kwinter’s Susan Dhaliwal highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA's April 28, 2019 newsletter. Full Decision The defendants, Nino Mazzuca and Toyota Credit Canada Inc. (“the Defendants”), brought a motion seeking an order requiring the plaintiff, Adam Courneyea (“the Plaintiff”), to attend a further examination for discovery. The Plaintiff was injured in a motor vehicle accident on September 13, 2012. He was examined for discovery on February 9, 2015. The pre-trial conference is scheduled for November 10, 2020 and a 25-day [...]

Ontario Trial Lawyers Association Case Summaries – March 24, 2019

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA's March 24, 2019 newsletter. Peter B. Cozzi Professional Corporation v. Szot, 2019 ONSC 1274 (CanLII) Full Decision (PDF) The plaintiff, Mr. Nguyen, through his Litigation Guardian, commenced an action in 2007 against the defendant for injuries sustained in a motor vehicle accident. Mr. Nguyen obtained an After-the-Event (“ATE”) policy in the amount of $100,000 from DAS Legal through his lawyer, Peter Cozzi. Mr. Nguyen lost on the threshold issue at trial and was [...]

Ontario Trial Lawyers Association Case Summaries – March 24, 2019

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA's March 24, 2019 newsletter. Peter B. Cozzi Professional Corporation v. Szot, 2019 ONSC 1274 (CanLII) Full Decision (PDF) The plaintiff, Mr. Nguyen, through his Litigation Guardian, commenced an action in 2007 against the defendant for injuries sustained in a motor vehicle accident. Mr. Nguyen obtained an After-the-Event (“ATE”) policy in the amount of $100,000 from DAS Legal through his lawyer, Peter Cozzi. Mr. Nguyen lost on the threshold issue at trial and was [...]

Ontario Trial Lawyers Association Case Summaries – March 17, 2019

Singer Kwinter’s Susan Dhaliwal highlights important facts and outcomes in the Ontario Courts. Case summary originally distributed in OTLA's April 28, 2019 newsletter. Siddiqui v. Saint Francis Xavier High School, 2019 ONSC 30 Full Decision The minor plaintiff, Yasmine Siddiqui, was injured during hockey tryouts for the St. Francis Xavier High School girls’ hockey team on February 25, 2013. At the time of her injury, Yasmine was 12 years-old and a grade 7 student at St. Francis. Following the incident, Yasmine’s father, Nizam Siddiqui, retained counsel who on April 25, [...]