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Login to watch this video if you have a subscription. Learn more about subscriptions.In Arcamm Electrical Services Ltd. v. Avison Young Real Estate Management Services LP, Tina Sun reviews how the Ontario Court of Appeal permits apportionment of damages in breach of contract based on contributory fault and uses the case as a caution about seeking summary judgment in complex, multi-party disputes.
With “An Update on Rule 49 and Partial Settlements,” Sarah Lag explains recent amendments to Rule 49 that broaden the offer to settle regime and make disclosure of partial settlements automatic, stressing strict timing requirements, limits on confidentiality, and the procedural and cost consequences of non-compliance.
Using Quadrangle Group LLC et al. v. Attorney General of Canada as a springboard, Geneviève Therrien outlines practical lessons on discovery “reads” under Rule 31.11, including timing for qualifying excerpts, interaction with the rule in Browne v. Dunn, and the narrow circumstances where read-ins can fairly “fill gaps” in the trial record.
In Benchwood Builders Inc. v. Prescott, Hayley Crawhall surveys how the Court of Appeal refines the anti-SLAPP framework under section 137.1 of the Courts of Justice Act, narrows when online reviews count as public interest expression, discourages mini-trials on the merits, and re-centres the ultimate balancing of expressive freedom and reputation.
Drawing on Bernier v. Ottawa (Ville), Philip Byun discusses enforcement of waivers on a summary judgment motion, showing how clear waiver language, the presumption that signatories intend to be bound, and broad wording that captures volunteers and municipal defendants can bar negligence claims arising from recreational events.
In Zapata, Steve, et al. v. Reid, David, et al., Graeme Postma traces the evolution of the defence of inevitable accident and explains how the modern law places an evidentiary burden on defendants to show an accident could occur despite reasonable care, clarifying the role of medical conditions, proportional duties and summary judgment in motor vehicle cases.
Philip is a Legal Counsel at TD Insurance Staff Legal in Ottawa, Ontario, and a part-time professor at Algonquin College. Before joining TD Insurance, he practiced commercial and estate litigation at Merovitz Potechin LLP and completed his articles at Nelligan Law. Philip is a past contributor to the CCLA’s Compendium of Damages and Costs Compendium. This year, he is serving as the Ottawa Ambassador for TD Insurance’s Employee Giving Campaign, which aims to raise $1.1 million in support of charities across Canada. Outside of work, Philip enjoys spending time with his wife and his three-year-old daughter.
Sarah Lag practices in the areas of civil, commercial, and corporate litigation, representing clients in both official languages. A graduate of the University of Ottawa’s dual J.D./M.B.A. program (magna cum laude), she has appeared before various levels of courts and tribunals across Ontario. Sarah advises and represents individual and corporate clients on matters involving contract, employment, corporate governance, shareholders/directors dispute and defamation law She is actively involved in her community. She served on the Governance Committee of Cornerstone Housing for Women and is currently a Board Member of La Clementine. In her spare time, you will find Sarah honing her Krav Maga skills.
Graeme Postma is an associate at Tierney Stauffer LLP. Graeme was called to the Bar in 2024 and since then has been practicing in commercial litigation, construction litigation, and personal injury litigation
Geneviève is a 6th year lawyer at Caza Saikaley. She represents clients in both French and English in a wide variety of litigation matters ranging from corporate disputes to constitutional language rights issues. This year, for the first time, she had the opportunity to plead before the Supreme Court of Canada on behalf of an intervenor in the Ahluwalia v Ahluwalia matter relating to the creation of a new tort of family violence. When she is not in the office, Geneviève can be found swimming laps at the pool or in the theatre, on stage or in the audience.
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