Keyword
Occupiers' Liability Act
Court ruling in hockey claim could lead to more joint defence situations: legal expert
August 19, 2020 by David GambrillA recent Ontario Court of Appeal decision, in which a fan was injured by a hockey puck during a game, may lead to a shift toward joint claims handling at the outset of a claim when two insurers are potentially…
Ontario government pushes for limits on waivers of liability
April 9, 2018 by Greg MeckbachWaivers intended to reduce liability risk for sports and recreation companies should not protect those companies from lawsuits under the Consumer Protection Act, the Ontario government contends. In a ruling released March 28, the Court of Appeal for Ontario overturned…
Legal victory for insurers, as appeal court upholds waivers
April 7, 2018 by Greg MeckbachA recent Court of Appeal for Ontario ruling is “great news” for insurers of sports and recreations clients, such as ski resorts, paintball, and dirt biking, a lawyer told Canadian Underwriter Thursday. In a decision released March 28, the court…
What limitation period governs a personal injury claim by tenant vs. landlord?
November 1, 2017 Bruce Cook and Rachel RungeWhat happens in Ontario when a tenant sues a landlord under the Occupiers’ Liability Act and it alleges disrepair in a residential apartment?
Personal injury lawsuit against bike park operator dismissed due to wording of waiver signed by plaintiff
June 26, 2017 by Canadian UnderwriterInsurers of mountain bicycle riding parks should be able to “breathe a sigh of relief” due to a recent court decision from British Columbia, a blogger with an insurance law firm wrote in a recent post. Dr. Blake Jamieson suffered…
Supreme Court of Canada will not hear appeal from municipality ruled negligent after cyclist breaks neck
February 16, 2017 by Canadian UnderwriterCanada’s highest court announced Thursday it will not hear an appeal from a municipality that was sued, under Ontario’s Occupiers Liability Act, by a cyclist who broke his neck after attempting to ride over an obstacle at an adventure park.…
Bill clarifying when Ontario trail users willingly assume all risks passes third reading
June 2, 2016 by Canadian UnderwriterA bill that would “clarify the standard of care” owed to users of trails in Ontario passed third reading Wednesday, paving the way for the legislation to receive royal assent. Bill 100, the Supporting Ontario’s Trails Act, was the subject…
Court finds Ontario municipality breached duty of care under Occupiers’ Liability Act in operation of mountain bike park
May 19, 2016 by Canadian UnderwriterAn Ontario municipality is liable, under the province’s Occupiers’ Liability Act, for injuries that rendered a cyclist a quadriplegic after he fell while riding over a teeter-totter-type obstacle at a mountain bike park, the provincial appeal court has ruled. In…