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]...
By: Andrae Shaw, Litigation Associate Some policyholders purchase professional fees coverage as an extension to their insurance policy’s general coverage grant. Professional fees coverage is meant to reimburse an insured for the expense of hiring professionals to...
By: Callum Micucci, Litigation Associate An insurer’s duty of good faith is not extinguished upon the bankruptcy of the insured, the Ontario Superior Court of Justice recently confirmed in Re McEwen (2019 ONSC 5593). Facts In 2009, pedestrian Barbara Lynn Carroll was...
By: Andrae Shaw, Litigation Associate The Court of Appeal for Ontario recently held that an insurer which defended its insured for ten months, without a reservation of rights, could not rely on a policy exclusion to withdraw its defence. The litigation was at the...
By: Shaun Hashim, Litigation Associate The insured has a duty to cooperate with defence counsel appointed by his insurer. The Ontario Court of Appeal recently reconfirmed that this duty to cooperate is not subject to a standard of perfection. Instead, to establish a...
