416-703-2402 Local
1-888-378-3388 Toll Free

Monthly Archives: November 2010

Gas Station Leak > Insurance Dispute > Coverage and Duty to Defend

Environmental pollution involving the escape of gasoline from a gas station, which subsequently harmed nearby businesses and landowners.

The insurer of the gas station sought to deny both a duty to defend and coverage, based upon a “pollution liability exclusion” clause.

The recent case of ING v. Miracle (2010 Ontario Superior Court of Justice) dealt with the analysis of whether the commercial general liability policy covering the offending gas station, Miracle, would apply to the lawsuit at hand.  At a motion, the plaintiff in the action sought to maintain a duty to defend and coverage for the main defendant in the lawsuit. … Continue Reading

Tags: ,

New SABS Changes > Chinese News Group

Our thanks to Chinese News Group and Nancy Jin for allowing us to participate in their October 22, 2010 article about the changes to Ontario’s SABS (Statutory Accident Benefits Schedule) in September 1, 2010.  The article is also here in PDF format.

As background, readers may wish to review our:

· blogs on changes to Ontario’s Accident Benefits systemParts 1,2, 3, 4, 5, 6, 7, 8 and 9;

· our blogs on Accident Benefits cases in general; and

· our FAQS regarding background information on Accident Benefitsand motor vehicle accidents.… Continue Reading

Disputing a Tow Truck Charge > Improper Hook-Up

Our thanks again to Mr. Eric Lai of the Toronto Star’s Wheels section for allowing us to participate in his article last weekend.  The PDF version of the article is here.

Some of the legislation referred to in Mr. Lai’s article include:

· City of Toronto’s plan to consolidate and implement one set of parking and enforcement regulations for the entire GTA, presumably also for tow trucks, not yet in effect;

· City of Vaughan’s Licensing By-law (315-2005) for tow trucks (see Section 29);

· City of Vaughan, Enforcement Services Department; and

· Ontario Small Claims Court.… Continue Reading

Tags:

Bougadis, Chang E-Newsletter – Fall, 2010 (November)

See our November, 2010 e-newsletter for an update on:

The role of medical experts in personal injury lawsuit; Changes to the auto regime benefiting families of people who die as a result of car accident; and Winter issues in personal injoury law – including an update on slip and fall accidents involving a municipality.… Continue Reading

Tags:

Joga Chahal Speaking at FACL Conference

Joga Chahal, of our office, was honoured to participate in a conference held by the Federation of Asian Canadian Lawyers at the University of Toronto law school in downtown Toronto on November 13, 2010.

Joga, with a panel of other lawyers, presented on the issue of boutique law firms with an emphasis on an insurance practice in Toronto.

Attached is a picture of Joga (middle) along with fellow presenters, Mr. Felix Tang and Mr. Charles Gastle.… Continue Reading

Tags: ,

Selling Your Home Yourself > Legal Issues and Problems

As widely reported, the Canadian Real Estate Association (CREA) and the Competition Bureau have negotiated a resolution to the proceedings brought by the Competition Bureau regarding the MLS closed system of real estate listings for residential and commercial properties.

The agreement was recently ratified by CREA’s membership, as reported in the Globe and Mail.

The agreement will last for 10 years, as indicated on the Competition Bureau’s website.

The actual case before the Competition Tribunal can be found here.… Continue Reading

Tags: