Court Denies Covid-19 Business Interruption Coverage Claim

Court Denies Covid-19 Business Interruption Coverage Claim

By: Dylan J. Cox, Partner Introduction In Sir Corp v. Aviva,[1] an Ontario judge dismissed an application by a restaurateur for a declaration of coverage for business interruption losses. The losses resulted from orders made in March 2020, following the outbreak of...
Extrinsic Evidence and the Duty to Defend

Extrinsic Evidence and the Duty to Defend

By: Nabil Mahmood, Litigation Associate Introduction In AIG Insurance Company of Canada v. Lloyd’s Underwriters,[1] the Court of Appeal for Ontario (ONCA) considered to what extent extrinsic evidence could inform a duty to defend analysis. The Court rejected the...
Insurer Ordered to Defend Negligent Construction Action

Insurer Ordered to Defend Negligent Construction Action

By: Dylan J. Cox, Litigation Associate Introduction In KBK No. 11 Ventures Ltd. v. XL Insurance Company Ltd.,[1] the BC Supreme Court (“BCSC”) ruled for the insureds in a petition brought after their insurer, XL Insurance Company (“XL”) refused to defend an action...
Insurer Faces Increased Exposure in Pandemic Coverage Claim

Insurer Faces Increased Exposure in Pandemic Coverage Claim

By: Dylan J. Cox, Litigation Associate Introduction In 202135 Ontario Inc. v. Northbridge General Insurance Corporation,[1] the Ontario Court of Appeal (ONCA) ruled for the insured on an issue raised by its claim for business interruption losses caused by the Covid-19...