Feb 28, 2025 | Insurance
By: Dylan J. Cox, Partner Introduction With every passing year, the expenses plaintiffs incur to prosecute civil claims increase, such that the cost of litigation is now beyond most individuals and many small businesses. Even those who represent themselves must often...
Feb 4, 2025 | Insurance
By: Christiaan A. Jordaan, Partner The Ontario Court of Appeal released a brief decision on February 3, 2025, that underscores an important principle of insurance law: plain and undefined words are to be understood by their ordinary meanings. That applies even if...
Dec 2, 2024 | Insurance
By: David Yun, Associate Introduction: In Honeywell International Inc. v XL Insurance Company Ltd.[1], the British Columbia Court of Appeal ( “BCCA”) overturned an application judge’s decision. The BCCA found in favour of an appellant manufacturer seeking a defence...
Nov 6, 2024 | Insurance
By: Faiza Tariq, Associate Introduction In a recent decision[1], the British Columbia Court of Appeal (“BCCA”) interpreted a clause that excluded loss or damage caused directly or indirectly by “subsidence”. The court upheld the trial judge’s finding that the clause...
Nov 1, 2024 | Insurance
By: David Yun, Associate Introduction: In Truong v Jeweler’s Mutual Insurance Company[1], the Court of Appeal for Ontario (ONCA) upheld a trial judge’s decision, finding no reversible error in the judge’s decision that the insurer’s conduct amounted to bad faith and...
Oct 22, 2024 | Insurance
By: Faiza Tariq, Associate Introduction In a recent decision[1], the Ontario Court of Appeal (“ONCA”) had to determine whether the trial judge erred in finding that an insurer underpaid its insured for damaged personal property. The ONCA dismissed the insurer’s...
