In 2014, Rafik Zaky attended Sky Zone trampoline park. On the night in question, Mr. Zaky arrived shortly after 8:00 pm, and his friends were already using the equipment. Sky Zone booked equipment in one-hour blocks. The Sky Zone employee told Mr. Zaky to complete an electronic waiver at a nearby computer kiosk. According to Mr. Zaky, the Sky Zone employee told him to complete the waiver...
We are pleased to announce that J. Charles Foster, Q.C. has been inducted into the Canadian Academy of Distinguished Neutrals (CADN).
J. Charles Foster, Q.C. is the Principal and Senior Lawyer at Foster & Company, a litigation firm he created in 1997. His practice focuses primarily on complex corporate and commercial litigation as well as insurance defence and mediation.
J. Charles Foster, Q.C. is a highly skilled, successful, and...
This case arises from a housefire that occurred in November of 2017. The home belonged to Ms. Bernice Kenney and was insured by Unifund Assurance Company.
After the fire, Ms. Kenney made a claim to Unifund under the policy. The parties settled the claims for the contents of the house and Ms. Kenney’s additional living expenses resulting from the fire. In addition, Unifund paid Ms. Kenney the actual...
This is one of Canada’s first decisions to consider insurers’ duty to defend insured companies against lawsuits involving data breaches.
Family and Children Services of Lanark, Leeds and Grenville (“FCS”) retained Laridae Communications Inc. to update their website and advise them on issues relating to its design and security.
In 2016, an unauthorized party accessed documents from a secured...
Southside Muay Thai Academy Corp. v Aviva Insurance Company of Canada, 2020 ONCA 385
This case involves an appeal by Aviva Insurance Company of Canada from an Ontario Superior Court of Justice decision finding it must defend its insured business, Southside Muay Thai Academy Corp. (“Southside”), against an action brought by one of its students.
A minor student of Southside brought an action alleging that in May of 2017, she was sexually...
