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...
By: Christiaan A. Jordaan, Partner Last year we reported on Northbridge General Insurance Corp v Ashcroft Homes-Capital Hall Inc, in which Justice Perell gave a primer on insurance appraisals in Ontario. (See our prior post here.) In a recent decision, the Ontario...
By: I. Jamie Arabi, Litigation Associate In Capital Sewer Servicing Inc v Crosslinx Transit Solutions Constructors,[1] the Court of Appeal for Ontario confirmed that covenants to insure do not, as matter of law, mean the covenantor agrees to assume the insured risk....
By: Christiaan A. Jordaan, Partner Common law courts have developed a variety of fairness doctrines under the rubric of “estoppel” that preclude reneging on express or implied assurances.[1] The Supreme Court of Canada’s recent decision in Trial Lawyers Assn of...
By: Dylan J. Cox, Litigation Associate Introduction The Alberta Court of Appeal (ABCA) has released a decision reiterating how important it is for insureds to act promptly if they wish to oppose a position taken by their insurer. In Lafferty v. Co-operators,[1] the...
By: Liam Thompson, Litigation Associate Last year, the Superior Court of Justice released MDS Inc v Factory Mutual Insurance Company.[1] This decision generated much interest, as many thought that its key holding—that loss of use could constitute “physical damage”,...
