Loss Transfer: When will out-of-province insurers be on the hook?
By Christine Matthews and Patrick J. Monaghan Twenty-five years after the overhaul of the automobile insurance regime in Ontario, some interesting questions have yet to be resolved. One, discussed...
View ArticleSix Year Delay May Prejudice Position in Priority Dispute
By Patrick J. Monaghan More than six years after an accident, who is first loss insurer where a plaintiff is insured under a policy covering his personal vehicle, and also under a policy covering his...
View ArticleImplied Undertaking Rule: Surveillance Evidence in Accident Benefit file
By Patrick J. Monaghan Does the implied undertaking rule apply to surveillance evidence in the possession of the accident benefit insurer? When the defence of a tort action leads, as it often does, to...
View ArticleMutcheson Golf Tournament
Monaghan Reain Lui Taylor LLP is passionate about giving back to the community. This year the firm has sponsored the Michael Mutcheson Memorial Trust Charity Golf Tournament, taking place on August...
View ArticleLawyers Feed the Hungry Program
The Toronto Lawyers Feed the Hungry Program has provided hot and healthy community meals to Toronto residents in need since 1998. This important year-round program fills a critical need in the city by...
View ArticleCanadian Defence Lawyers: Subrogation
Christopher Reain will be speaking at this full day program in Toronto on November 10, 2015, which addresses the effective handling of subrogation claims. To find out more details and register, visit...
View ArticleDirect Actions Against Insurers
By Michelle Fan In litigation, it is often liability insurers that “hold the purse strings”, so to speak. When faced with a difficult or impecunious defendant, plaintiffs have tried to involve the...
View ArticleGetting Help with That Defence: Contribution Among Insurers
By Patrick J. Monaghan We learn from an early age that sharing is virtuous. In the litigation sandbox, as counsel, we are often called upon to enforce the sharing of burdens through the familiar...
View ArticleRepair and Storage Liens: Two Exclusive Procedures in Ontario
By Clarence Lui I am often asked by our astute clients whether they should apply under the two procedures provided in section 23 or 24 of the Ontario Repair and Storage Liens Act, on disputes with...
View ArticleA “Limitation” on the Insurer’s Duty of Good Faith
By Clarence Lui, CS and Ryan Tinney According to the Ontario Court of Appeal in Usanovic v Penncorp Life Insurance Company, 2017 ONCA 395, an insurer’s duty of utmost good faith to its insured does not...
View ArticleNo Such Thing As Indeterminate Liability for Damages: A Case Comment on...
By Emily Stock Seven Judges of the Supreme Court of Canada have split, 4-3, on whether an auditor owes the audited company (and its creditors/shareholders) a duty of care, and the analysis of the scope...
View ArticleFinancial Post article on MRLT
More lawyers seek greener pastures in small boutique firms http://business.financialpost.com/2013/08/30/more-lawyers-seek-greener-pastures-in-small-boutique-firms/
View ArticleSPORTS INJURIES: INHERENT RISK OR NEGLIGENCE?
By Christine Matthews INTRODUCTION Sports and exercise related injuries account for over a third of injuries suffered by Canadians and two-thirds of injuries among children aged 12 to 19.[1] Athletes...
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CIBC Run for the Cure
On October 6, 2013, the firm joined the Warrior Goddesses team in the CIBC Run for the Cure, in support of our colleague Lucy and her sister Adriana, who inspire us with their strength. Thanks to the...
View ArticleCanadian Defence Lawyers: Defence Briefs – Property Claims
Chaired by Patrick Monaghan, Christopher Reain and Clarence Lui will be speaking at this half day morning programme in Toronto on November 21, 2013, which addresses the effective handling of property...
View ArticleCanadian Defence Lawyers: Defence Briefs – Property Claims
Patrick Monaghan chaired the Canadian Defence Lawyers Conference today on Property Claims. The program took the audience from the immediate date of loss right through to the trial, and included a panel...
View ArticleCovenants To Insure: Contractual Shields and Swords
By Christopher Reain and Maria Abdoullaeva A common clause in construction and commercial contracts is the covenant to insure. These clauses oblige one party to obtain insurance on all or part of the...
View ArticleHryniak v Mauldin: The Rallying Cry of Access to Justice
Hryniak v Mauldin: The Rallying Cry of Access to Justice The Supreme Court on Summary Judgment By Patrick Monaghan and Maria Abdoullaeva We discussed the Supreme Court’s long-awaited decision on the...
View ArticleSporting Life 10K
Monaghan Reain Lui Taylor LLP can’t seem to sit still. When we’re not resolving cases on our clients’ behalf we are running, volleying and building all in the name of charity. Even though MRLT is...
View ArticleRecent Ontario decision on jurisdictional issues
By Patrick Monaghan Jurisdictional issues have been the focus of attention by the Supreme Court of Canada and the Court of Appeal of late. The jurisdiction of the Ontario court to entertain legal...
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