Jul 6, 2018 | Insurance
By: Victoria Yang, Litigation Associate An Ontario court recently refused an insurer’s attempt to rely on evidence about its insured’s prior conduct. The insurer tried to suggest that a prior loss and misrepresentations on a mortgage application suggested a propensity...
Mar 20, 2018 | Insurance
By: Dylan J. Cox, Litigation Associate An Ontario judge recently permitted an insured to amend its claim after the limitation period had expired, to plead additional insurance policies that applied to the same claim and new heads of damages.[1] The judge’s decision is...
Mar 5, 2018 | Insurance
By: Melissa A. Wright, Litigation Associate A recent decision by the Court of Appeal is a cautionary tale, for both insurers and counsel they appoint to defend a policyholder. The Court of Appeal’s recent decision in Reeb v. The Guarantee Company of North...
Feb 28, 2018 | Insurance
By: Lawrence G. Theall, Partner & Shaun A. Hashim, Litigation Associate In a potentially controversial ruling, an Ontario judge recently refused to grant two insured applicants full indemnity for costs on a motion related to the duty to defend. This decision is...
Sep 6, 2017 | Insurance
By: Camille M. Dunbar, Litigation Associate The Court of Queen’s Bench of Alberta recently released what appears to be Canada’s first coverage decision dealing with “social engineering fraud”, which involves fraudsters deceiving an...
Sep 5, 2017 | Insurance
By: Melissa A. Wright, Litigation Associate A recent decision by the Ontario Licence Appeal Tribunal reminds us of the potential coverage issues surrounding off-road vehicles, such as all-terrain vehicles, commonly referred to as ATVs.[1] The applicant was injured in...
