By: Callum Micucci, Litigation Associate The Ontario Superior Court of Justice recently held that an insurer who wrongfully denied a US$121 million claim must pay prejudgment interest based on the actual cost of borrowing, and not the rates stipulated in the Courts of...
By: Jeffrey A. Brown, Partner Markham (City) v. AIG Insurance Company of Canada, 2020 ONCA 239 The Ontario Court of Appeal recently addressed three important elements of the duty to defend, where there is concurrent coverage under two policies: whether there was a...
By: Dylan J. Cox, Litigation Associate The Alberta Court of Appeal ordered an insurer to defend claims made against the insured’s cold storage business, which was sued when its warehouse thawed and damaged its customer’s food products.[1] The insurance contract...
By: Andrae Shaw, Litigation Associate In Watt v TD Insurance,[1] the Superior Court of Justice confirmed that interest is payable on judgments against insurers, even where the damages awarded are only to compensate for the loss of chattels. The decision followed an...
By: Christiaan A .Jordaan, Counsel The Alberta Court of Appeal recently addressed a recurring coverage issue: the conflict between the broad protection intended by an “all perils” property insurance policy and an exclusion for the costs of making good faulty...
By: Dylan J. Cox, Litigation Associate On March 23, 2020, the Ontario government announced that to fight the spread of COVID-19, effective March 24th at 11:59 pm, all businesses not deemed “essential” by the government would have to close their physical workplaces.[1]...
