past ability to make decisions in the child’s
best interests. It was necessary for the child
to have a stable home environment while
maintaining ties with all of her family mem-
bers. Frequent shuffling between three
homes was not in the child’s best interests.
The schedule ordered provided a stable
weekday access regime while allowing qual-
ity time with the grandmother and regular
weekend time with the parents.
Brown v. Roberts, [2012] O.J. No.
1284, Ontario Court of Justice, R. Zis-
man J., March 16, 2012. Digest No.
3201-007
INSURANCE LAW
AUTOMOBILE INSURANCE –
Compulsory government schemes –
Recovery by insurer – Limitation of
actions – Time – When time begins to
run – Discoverability.
Appeals by insurers from a decision find-
ing that the limitation period for a loss
transfer claim made by one insurer against
another for indemnification for statutory
accident benefits paid to an insured began
to run the day after the insurer seeking
indemnification made a demand for loss
transfer. Section 275 of the Insurance Act
allowed a first party insurer to claim indem-
nification for the accident benefits paid to
its insured from a second party insurer that
had insured another vehicle involved in the
accident. The claim for indemnification was
made on the basis of the fault of the second
party insurer’s insured. The Limitations Act,
2002 applied to loss transfer claims and
under the new legislation, and the limita-
tion period did not run from the date the
accident benefits payments were made.
LEGAL PROFESSION
BARRISTERS AND SOLICITORS –
Liability – Negligence.
Action by the plaintiffs, 2032151 Ontario
and its principal, Balachandran, against
their former lawyer, the defendant Webster,
for damages for professional negligence.
The corporate plaintiff was the franchisee
of an International News store. Inter-
national News provided the personal plain-
tiff with a disclosure document and was
paid a deposit of $20,000. One year later,
in October 2004, the plaintiffs were locked
out of the franchise and ceased to operate
as the franchisee. That same month, the
plaintiffs retained Webster for a claim
against International News. Webster
claimed an expertise in franchise law. The
personal plaintiff provided Webster with
the disclosure document and described
various misrepresentations made by Inter-
national News. Webster did not send a
timely notice of rescission of the franchise
agreement in accordance with the Wishart
Act and neglected to claim damages pursu-
ant to the Act. In March 2005, Webster
commenced a claim against International
News for $150,000 for misrepresentation.
He never filed the statement of claim and
the action was dismissed for delay in June
2008 by the Registrar. Webster failed to
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