Welcome to your February ZTGH Canadian Law Newsletter

In this issue:

Our Health Law Podcast on emerging trends in professional negligence in Canada
A restaurant chain litigates pandemic policy exclusions
The courts weigh in on a motion that removed the right for a jury trial and what that means for future litigation under the Simplified Rules
Ontario Court of Appeal decides what is fair in cost coverage for rebuilding property

COVID-19 Related Business Interruptions Do Not Constitute an Insurable Loss

Articling Student, Duha Sikander, writes on SIR Corp v. Aviva, a recent Court of Appeal decision involving a restaurant chain that sought coverage under their insurance policy due to loss of business and interruptions in beer and food stock during Covid related closures in 2019 and 2020.

To read about the decision, please click here.

The Right to a Jury Trial Disappears Once a Claim Moves into Simplified Rules says a Recent Decision

In Borkowski v. Karalash et al., 2023 ONSC 6274, The plaintiff sought leave to bring a motion to transfer the matter to simplified procedure without a jury.

The judge agreed and permitted a judge-alone trial, despite the troubling implications for defence and the right to a jury trial.

Click here to read Juny Kim's complete blog.

In June, our Health Law team produced a podcast on the recent case law and emerging issues including privacy concerns in Canadian hospitals. Click here to listen.

The Court of Appeal for Ontario Draws a Line for Rebuilding Coverage Costs

Our blog featured a recent key property decision from the Court of Appeal for Ontario which finds that a guaranteed rebuilding cost coverage endorsement does not necessarily require an insurer to pay the increased cost of rebuilding in compliance with building regulations enacted after original construction.

Click here to read our complete blog.

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Please feel free to reach out with any questions you might have.

We look forward to connecting.

David Zarek and Shanti Barclay.

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