A Recent Decision on the Duty to Defend and Additional Insureds
In Oshawa v. MEARIE, 2021 ONSC 6334, the Ontario Superior Court of Justice addressed the following questions that are of interest to liability insurers: How ... Continued
Exclusion Clauses and Subrogation Waivers: The Operation of One Does Not Necessarily Impact the Other
Scaffidi-Argentina v. Tega Homes Developments, 2021 ONCA 738 illustrates the importance of considering the terms of an insurance policy as a whole. The effect of ... Continued
Sometimes “corrosion” Just Means “corrosion”: a Return to the Plain Meaning of the Words Used
MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594 Last year, we commented on the Ontario Superior Court’s decision in MDS Inc. v Factory ... Continued
When Is An Insured Obliged to Disclose a Material Change In Risk?
Recently in Drechsler v. Canadian Northern Shield Insurance Company, 2021 BCSC 1673, the BCSC had the opportunity to consider a fresh argument when determining whether ... Continued
Is Commercial Host Liability Expanding?
Bars and restaurants or commercial hosts who serve alcohol to customers owe a duty of care not only to customers but to third parties that ... Continued
Court of Appeal Finds That “Direct Physical Loss of or Damage” to Insured Property Requires Actual Harm to Property; Physical Alteration Alone Does Not Suffice
In Prosperity Electric v. Aviva Insurance Company of Canada, 2021 BCCA 237, Prosperity Electric (“Prosperity”) appealed a trial decision where its indemnity claim against its ... Continued
The Sky’s the Limit: Inconsistent Policy Drafting Results in Unlimited Coverage
In Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65 (“Surespan”), the Court of Appeal held that there was no limit to a particular area ... Continued
Civil Resolution Tribunal Jurisdiction Declared Unconstitutional
On March 2, 2021, the Supreme Court declared the legislation authorizing the Civil Resolution Tribunal (CRT) jurisdiction over certain collision claims unconstitutional. In April 2019, ... Continued
Complementary Policies: Can One Insurer Compel the Defence of Another Insurer Based on (Hypothetical) Unjust Enrichment?
In Royal & Sun Alliance Insurance Company of Canada v. Wawanesa Mutual Insurance Company, 2020 ABQB 720, Royal & Sun Alliance Insurance Company of Canada ... Continued
Enhanced Care Details Released
Just over a year after announcing that ICBC will move to a “no-fault” system starting May 1, 2021, the provincial government released regulations related to ... Continued
Extra Extra – 6% Cap on Disbursements
Last year, the BC government amended the Evidence Act to limit the number of experts and expert reports related to damages in motor vehicle personal ... Continued
Bad Faith Claims Against Insurers – Recent Cases of Note
Bad faith in the insurance context occurs when an insurer acts contrary to its duty of good faith. The perception of what exactly is deemed ... Continued