Civil Banter

Most people don't spend much time thinking about accident benefits until they need them. But some important changes to Ontario's auto insurance rules came into effect on July 1, and they could affect the coverage available after a serious collision.

In this episode, Hamish and Stan break down what's changed, what's still covered, and why it's worth taking a closer look at your policy before renewal. They discuss which accident benefits are now optional, who could be most affected by the changes, and what questions to ask your broker or insurer.

They also kick things off with another edition of Reasonable Stan, featuring a slip-and-fall case involving a serious knee injury and a discussion about how courts put a value on pain and suffering.

Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

The Canada Day floods left many Ottawa families facing damage to their homes, lost belongings, and a long road to recovery. In our latest episode of Civil Banter, Hamish and Stan take a look at what happens next when you need to make an insurance claim after a flood. They break down common types of flood coverage, explain why claims are sometimes denied, and walk through key insurance concepts in plain language, including endorsements, replacement cost versus actual cash value, and how policy wording can affect your claim. Our hosts also discuss steps homeowners can take right away to protect their interests, such as documenting damage, keeping detailed inventories, and maintaining a written record of communications with insurers. They talk about what options may be available if coverage is denied, including potential issues with insurance broker advice and Ontario’s Disaster Recovery Assistance for Ontarians (DRAO) program. If you or someone you know is dealing with the aftermath of flooding, we hope this episode can help you better understand the process and your potential next steps.

Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

Cottage season is underway, and with more boats on Ontario’s waterways, questions around liability and insurance are more relevant than ever. In this episode of Civil Banter, our hosts dive into the legal side of boating accidents. Who’s at fault when something goes wrong on the water? What kind of insurance applies? And what should you know before heading out on the lake? Our hosts break it all down with practical insights and real-world examples from a personal injury perspective. We also bring back fan-favourite segment “The Reasonable Stan”, where Stan takes a crack at guessing damages in a fascinating case involving a professional bagpiper whose career was impacted by dental malpractice.

Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

In episode 14 of Civil Banter, Hamish and Stan unpack one of the most consequential findings in Ontario accident benefits law: catastrophic impairment. From million‑dollar benefit caps to complex medical and legal tests, the stakes couldn’t be higher. Our hosts break down how catastrophic impairment is determined, why insurers often push back, and what injured people need to know about navigating a system where life‑changing decisions can be made in just a few days.

Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

In this episode of Civil Banter, Stanford Cummings and Hamish Mills McEwen break down what really happens in slip and fall cases (a timely topic during Ottawa’s freeze–thaw season). After opening with Two Truths and a Lawyer featuring colleague Kiran Uppal the hosts explore how black ice forms, which injuries they see most often, and why strict notice deadlines for municipal and private property falls can determine whether a claim survives.

They also discuss the importance of identifying who owns the property, what evidence to gather immediately after a fall, and how tools like surveillance footage and weather data help establish what happened. The episode wraps with a clear explanation of negligence, contributory negligence, and the higher “gross negligence” standard that applies to municipalities.

Questions or ideas? Email: [email protected]

Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

In this episode of Civil Banter, Hamish and Stan break down what waivers are and when they can prevent someone from suing after an injury. Using a 2024 Ottawa case (Bernier v. City of Ottawa), they explain how courts assess waivers and why wording, timing, and context matter. As always, the takeaway is simple: when it comes to waivers, it depends.

Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

This episode, Hamish and Stan explore one of the most talked-about topics in law today: artificial intelligence. They discuss how AI is being used in legal practice, the risks of relying on it for research, and why courts are introducing new rules around its use. They also answer two common client questions: whether conversations with a lawyer are truly confidential and whether there’s a maximum amount you can sue for.

Tune in to learn about solicitor-client privilege and its rare exceptions, how monetary limits work in Ontario courts, and why AI should be treated as a drafting aid rather than a replacement for legal judgment.

Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

In this episode of Civil Banter, Hamish and Stan pull back the curtain on one of the most talked-about (and often misunderstood) aspects of personal injury lawsuits: surveillance.

They cover:

• What surveillance actually looks like in practice (spoiler: it’s less James Bond and more hours of grocery store footage).
• When and why insurance companies hire private investigators.
• How surveillance evidence makes its way into court (and when it doesn’t).
• The difference between surveillance and social media evidence.
• Why juries may view surveillance with skepticism, and how it can sometimes backfire.

Listen now for all things civil litigation!

Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

Can you be sued for hosting a party where a guest drinks too much and causes harm?

In this episode, civil litigators Hamish Mills-McEwan and Stanford Cummings dig into social host liability - the legal concept that asks whether party hosts (as opposed to bars or venues) can be held responsible when guests overindulge and something goes wrong.

They break down the leading Supreme Court of Canada case (Childs v. Desormeaux), explain the difference between social and commercial hosts, and explore how different facts lould shift legal responsibility.

Also covered:

- What the courts currently say about liability for house parties

- Why this area of law hasn’t changed much in almost 20 years

- How future cases or legislation could open the door to expanded liability

- Real-world examples and how “tweaking the facts” might affect outcomes

Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

In Episode 8 of Civil Banter, Hamish and Stan explore the ins and outs of dog owner liability in Ontario.

Whether you're a dog owner, a dog walker, a landlord, or someone who's been injured in a dog-related incident, Ontario’s Dog Owners’ Liability Act (DOLA) has specific rules that may apply to you. Hamish and Stanford unpack what "strict liability" really means, who qualifies as an "owner" under the law (hint: it’s broader than you might think), and how recent court decisions have shaped the interpretation of this legislation.

Plus, they answer some listener questions—like whether lawyers wear wigs in Canadian courtrooms—and recap Stanford’s recent adventure at Escapade 2025.

Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.