Insurance
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May 28, 2025
Common pitfalls in tribunal adjudication of mental health matters, part two: Potential solutions
In part one of this series, I highlighted due process and natural justice or fairness concerns identified by reviewing courts in two mental health tribunal proceedings. In a span of less than four weeks recently, decisions of Ontario’s civil mental health adjudicator, the Consent and Capacity Board, and the Criminal Code-based forensic psychiatric administrative tribunal, the Ontario Review Board, were overturned and returned to them for re-hearing in Hastick v. Banik, 2025 ONSC 3007 and Clayton (Re), respectively.
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May 28, 2025
Ontario reintroduces Act to attract surveyors, enable carbon storage and tackle wildfires
The Ontario government has re-introduced the Resource Management and Safety Act, aimed at enabling and regulating the use of carbon storage technology, as well as attracting more land surveyors to support Ontario’s plan to build more homes and other infrastructure.
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May 28, 2025
Elie Laskin joins Harper Grey as an associate
Harper Grey has announced the addition of Elie Laskin as an associate in its health and insurance law groups.
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May 28, 2025
Pitfalls in tribunal adjudication of mental health matters: Issues identified by reviewing courts
This past month, two different reviewing courts have provided very similar guidance to two different mental health tribunals in Ontario. On April 24, 2025, the Court of Appeal for Ontario found that Ernest Clayton’s fitness review hearing before the Ontario Review Board constituted a miscarriage of justice and must be reconsidered afresh. Similarly, on May 21, 2025, the Superior Court of Justice returned a review of Arlene Hastick’s Community Treatment Order to the Consent and Capacity Board for re-hearing on the basis that she was denied procedural fairness.
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May 27, 2025
Civil court delay reduction and prejudgment interest
In fall 2023, Attorney General Doug Downey created the civil rules review (CRR) with a mandate to identify issues and develop proposals for reforming the Rules of Civil Procedure. The CRR’s Phase 1 Consultation Paper asked: What reforms might improve efficiency and reduce delays and costs?
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May 26, 2025
Burned by ambiguity: Court of Appeal reinstates coverage for fire in licensed marijuana grow op
The British Columbia Court of Appeal’s recent ruling in Busato v. Gore Mutual Insurance Co., 2025 BCCA 79 serves as a caution for insurers relying on broadly framed exclusion clauses. The court overturned the trial judge’s decision to uphold the insurer’s denial of coverage, finding that the exclusion relied upon was ambiguous, unreasonable and ultimately unenforceable.
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May 23, 2025
CSA announces proxy delivery relief if postal service suspended
The Canadian Securities Administrators (CSA) has announced that regulators will offer temporary relief from current requirements to deliver proxy-related materials for shareholder meetings if a Canada Post strike completely suspends postal service.
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May 23, 2025
Five new associates at Harper Grey
Harper Grey has welcomed five of its 2024–25 articling students as associates: Jayden Friesen-Kehler, Jasmine Kang, Charlotte Lam, Haiger Ye and Jordan Yonge.
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May 22, 2025
CIVIL PROCEDURE - Settlements - Releases - Enforceability
Appeal by appellant from order of chambers judge to enforce summarily a settlement agreement with respondents and from finding settlement was valid. The appellant accepted a settlement offer from the respondents’ insurer to resolve a personal injury claim arising from a motor vehicle accident.
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May 21, 2025
B.C. Court of Appeal dismisses constitutional challenge to provincial spill regulations
The British Columbia Court of Appeal has dismissed an appeal launched by three major railways challenging the constitutionality of provincial spill regulations applied to interprovincial railways transporting crude oil and diluted bitumen.