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Burke-Robertson LLP
441 MacLaren Street
Suite 200
Ottawa, ON K2P 2H3

Phone: 613-706-0020
Toll free: 1-800-419-5581
Fax: 613-235-4430
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Considering a Trip Outside of Canada? Do You Have Travel Insurance?

Written by Edward H. Masters

Did you know that, if you are travelling outside of Canada, you will likely not be covered by OHIP in the case of a medical emergency? Even if you manage to get some OHIP coverage it will be limited and you should not expect that it will pay for your medical bills in another country.

Social Host Liability

With the holiday season in full swing, many of us will be hosting our friends and family for dinners and other social gatherings where alcohol will be consumed. It is important not only from a social responsibility perspective, but from a legal perspective, to take measures to prevent your guests driving while impaired.

Vicarious liability: You are liable for the actions of people who have "possession" of your vehicle with your "consent"

Written by Edward H. Masters

The Highway Traffic Act makes the owner of a motor vehicle liable for the negligence of any driver who "possesses" the motor vehicle with the owner's "consent." The policy behind this unique "vicarious liability" is "to protect the public by imposing on the owner of a motor vehicle responsibility for the careful management of the vehicle."

Imputing Income in Support Cases

Written by Mary Cybulski

The Federal Child Support Guidelines set out income determination rules for calculating child support. These rules, with a few exceptions, also apply when calculating income for spousal support.

Time to Consider Buying "Optional" No-Fault Benefits

Written by Edward H. Masters

The no‑fault accident benefits have been drastically reduced

Did you know that your automobile insurance benefits were substantially reduced on June 1, 2016? The reductions are significant, but a recent survey conducted by the Insurance Brokers Association of Ontario revealed that only 42% of consumers had even heard about the changes and less than 20% could actually identify what those changes were. 

What is "Adverse Cost" Insurance and Do I Need It?

Written by Edward H. Masters
In Ontario, the winning party to a lawsuit can generally expect that the losing party will be ordered to pay a portion of their legal costs. The level of costs that the successful party is awarded depends on a number of factors. In awarding costs, one of the most important factors considered by the court is any offer to settle made by any of the parties.

Limiting Builder Warranty for Construction Matters

Written by Geoffrey Cullwick

Toronto Standard Condominium Corporation No.2095 v West Harbour City (I) Residences Corp 2014 ONCA 724

Developers of new condominiums are increasingly providing terms in their Agreements of Purchase and Sale limiting their liability. A 2014 case shows how developers are limiting their liability for construction defects in the common elements.

Occupiers' Liability for Unmarked Hazards

A relatively recent case from the Ontario Superior Court had some interesting comments about occupiers' liability in the context of a slip and fall.

The case in question is Kania v. 1618278 Ontario Inc. (2015 ONSC 7042). The facts are relatively straight forward. The Plaintiff attended the Heart & Crown Pub in the Ottawa Market.