May 12, 2016 | Commercial Litigation, Insurance
By: Camille M. Dunbar, Litigation Associate A stout, upholstered chair may, at first blush, seem innocuous. It’s easy to ignore the warnings often recited by parents and teachers to sit property when rocking back and forth on a chair’s legs. However, in...
Nov 30, 2015 | Commercial Litigation, Insurance
By: Shaun A. Hashim, Litigation Associate The Ontario Court of Appeal has again confirmed that an insurer’s contractual right to control a defence must yield to the interests of its insured where its coverage position creates a reasonable apprehension that...
Oct 22, 2015 | Commercial Litigation, Insurance
By: Shaun A. Hashim, Litigation Associate An insurer’s duty to defend an action against its insured is triggered by the mere possibility that a claim could be made under the insured’s policy. Traditionally, a court’s analysis of whether this duty...
Oct 22, 2015 | Commercial Litigation, Insurance
By: Melissa A. Wright, Litigation Associate The British Columbia Court of Appeal recently confirmed in Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Co.[1] that a Workmanship/Design Exclusion does not exclude the costs to remedy damage caused...
Jul 7, 2015 | Commercial Litigation, Insurance
By: Melissa A. Wright, Litigation Associate The Ontario Superior Court of Justice recently held that an additional insured was covered by a policy, where there was no direct claim against the named insured, even though the coverage was limited to claims arising from...
