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Legal Blog

02 Sep 2020

Signed Waiver Inadequate to Get Action against Trampoline Park Dismissed

by Erika Hachey

Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380.

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...

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25 Aug 2020

J. Charles Foster, Q.C. has been inducted into the Canadian Academy of Distinguished Neutrals

by Admin

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...

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04 Aug 2020

Court Orders Insured to Participate in Statutory Appraisal Process

by Andrew Moss

Kenney v Johnson Inc., 2020 NSSC 196

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...

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04 Aug 2020

Insurer Must Defend Insured Company in Data Breach Lawsuit Despite Policy’s Data Exclusion Clause

by Andrew Moss

Laridae v Co-Operators, 2020 ONSC 2198

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...

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04 Aug 2020

Insurer Not Obliged to Defend Insured Business Against Lawsuit Involving Sexual Abuse

by Andrew Moss

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...

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