Ethan Schiff

Bennett Jones LLP

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Latest Posts › Breach of Contract

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What Class Action Settlement Costs Will A Defendant’s Insurer Cover? The Ontario Superior Court of Justice Provides Some Answers

In Tokio Marine & Nichido Fire Insurance v Honda Canada, 2025 ONSC 2856, the Ontario Superior Court upheld an arbitral panel's conclusion that an umbrella insurance policy covered settled class counsel fees, but not...more

6/4/2025 / Arbitration , Arbitration Awards , Breach of Contract , Canada , Class Action , Contract Interpretation , Insurance Claims , Insurance Litigation , Policy Exclusions , Settlement Agreements

Ontario Court of Appeal Holds That a Claim is Limitations-Barred for an Entire Class

In Fehr v Sun Life Assurance Company of Canada, 2024 ONCA 847 (Fehr), the Ontario Court of Appeal dismissed the representative plaintiffs’ appeal seeking post-certification leave to amend their statement of claim and to...more

12/6/2024 / Appeals , Breach of Contract , Canada , Class Action , Insurance Litigation , Life Insurance , Misrepresentation , Premiums

Ontario Court Denies Certification of Common Issues Due to Disconnect Between Alleged Misrepresentations and Alleged Losses

Despite certifying the class action in Thompson-Marcial v Ticketmaster Canada LP on the basis of breach of contract, breach of legislation, conspiracy, negligence and unjust enrichment, the Ontario Superior Court declined to...more

6/17/2024 / Artists , Breach of Contract , Entertainment Venues , Event Tickets , Fees , Misrepresentation , Music , Music Industry , Ticket Pricing

Seller Beware: Ontario Court of Appeal on Requirements to Exclude Statutory Warranties and Conditions

The Ontario Court of Appeal recently released Pine Valley Enterprises Inc v Earthco Soil Mixtures Inc [Pine Valley], which reminds businesses that all sales of goods are subject to warranties and conditions under the Sale of...more

4/19/2022 / Appeals , Breach of Contract , Breach of Implied Contract , Canada , Contract Terms , Implied Warranties , Purchase and Sale Agreements , Sale of Goods Act (SOGA) , Warranties

Ontario Superior Court Limits Potential Class Action Entitlement for Pure Economic Loss

While the effects of the Supreme Court of Canada's decision in 1688782 Ontario Inc v Maple Leaf Foods Inc., 2020 SCC 35 [Maple Leaf], begin to reverberate in the decisions of lower courts, Justice Paul Perell's certification...more

8/13/2021 / Automotive Industry , Breach of Contract , Breach of Warranty , Canada , Class Action , Corporate Counsel , Ford Motor , Ontario , Unjust Enrichment

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