Alberta Court of Appeal Rules Property Insurance Claim Out of Time
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...
Court of Appeal for Ontario Holds That Loss of Use Does Not Constitute “Physical Damage” In the Context of a Business Interruption Claim
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”,...
Superior Court Provides Guidance on the Use of an Expert’s Report in a Duty to Defend Application
By: Liam Thompson, Litigation Associate In AIG Insurance Company v Lloyd’s Underwriters,[1] the Superior Court provides guidance with respect to the appropriate use of an expert’s report on a duty to defend application. Background The Forget family bought land in...
The Hidden Lesson of MDS: How to Obtain an Award for Commercial Prejudgment Interest in Ontario
By: I. Jamie Arabi, Litigation Associate The Court of Appeal for Ontario has issued the highly anticipated decision in MDS Inc v Factory Mutual Insurance Company. Last year, the Ontario Superior Court of Justice awarded prejudgment interest based on the insured’s...