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...
Eureka! Supreme Court stakes discovery of a claim on plausible inference
By: Christiaan A. Jordaan, Partner During the past twenty years, many provinces have simplified their legislation governing limitation periods. One remaining complexity is that courts have continued to assess when a claim is discovered – which starts the limitation...
Ontario court to insurers: give me clarity, or save your breath!
By: Christiaan A. Jordaan, Partner Timely reporting to the insurer is essential for liability insurance policies structured on a claims-made basis. Coverage can be lost if a policy renewal intercedes between knowledge of a potential claim and before the insurer is...
Court of Appeal Overturns Order Requiring Insurer to Defend Privacy Class Action
By: Dylan J. Cox, Litigation Associate The Ontario Court of Appeal (ONCA) has released a decision that reiterates a key guiding principle in proceedings brought to enforce an insurer’s duty to defend: the court must carefully review the underlying pleading and focus...