Rethinking the Meaning of Core Policy Decisions
February 13, 2022 By Mark Mikulasik What is a “core policy decision immune from negligence liability”? In Nelson (City) v. Marchi, the Supreme Court of Canada confirms that: municipalities are immune from liability for policy decisions. the onus is on the municipality to prove that an injury results from a ‘core policy’ decision, rather than […]
Punitive Damages and Workplace Injuries
August 6, 2021 By Brian Babcock Punitive damages might not be as limited as suggested by our recent articles on the subject. The Ontario Court of Appeal decision in Eynon v. Simplicity Air Ltd. is a useful reminder that each case turns on is own facts, and the facts of that case are startling. Outrageous […]
Will your insurance deliver?
July 5, 2021 By Brian Babcock Are you driving your own vehicle to do deliveries or other work? If so, you need to inform your automobile insurer of that fact, or you may find yourself without coverage following an accident. In the emerging “gig economy”, this well established concept of insurance law will have application […]
What is Reasonableness?
June 22, 2021 By Brian Babcock Judicial review is the mechanism by which courts supervise the actions of statutory decision makers. Typically, we think of formal tribunals, ranging from labour arbitrators to Human Rights Tribunals, or government officials. There are other, less common decision makers who exercise statutory powers which affect everyday life. How do […]
What is Reasonable Care?
November 30, 2020 By Brian Babcock A failure to meet Building Code standards may result in a municipality being responsible for damages suffered by a user of municipally occupied facilities. Trying to introduce a new theory on appeal does not help. A municipality may be an occupier of property under the terms of the Occupiers’ Liability […]
Have You Checked Your Tires Lately?
November 30, 2017 By Brian Babcock The owner of a vehicle has a responsibility to make sure that their vehicle is safe to operate. This includes the condition and inflation of the tires. On November 21, 2017, the Court of Appeal decided an unusual case, House v. Baird in which the owner of a vehicle being driven by […]
Taylor Swift And A Dollar In Damages
August 15, 2017 By Brian Babcock Taylor Swift only sued for one dollar in damages in her counter-suit for assault against the former radio DJ who had sued her for allegedly ruining his career. Odds are you know the story. In most cases involving sexual assaults, the damages will be more than one dollar. In fact, […]
Jail For Health And Safety Breach: R. V. Kazenelson
January 20, 2016 By Brad Smith “… a significant term of imprisonment is necessary to reflect the terrible consequences of the offences and to make it unequivocally clear that persons in positions of authority in potentially dangerous workplaces have a serious obligation to take all reasonable steps to ensure that those who arrive for work in the […]
Social Host Liability: Risks And Responsibilities
December 31, 2015 By Brian Babcock NOTE TO READERS: This story was originally published on our website on November 5, 2006. The Childs case is still the latest word on social host liability from the Supreme Court of Canada. Several lower court judges have refused to dismiss cases involving social host liability at pretrial stages, because of the factual […]
What Business Are You Insuring
[vc_row][vc_column][vc_column_text]August 5, 2015 By Brian Babcock If the nature of your business has changed over time, it pays to check your insurance coverage. When you apply for commercial insurance, you tell the insurer the general nature of the business, and that is an important factor in setting the premiums. Because of this, if your business changes, […]