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...
By: Christiaan Jordaan, Counsel A recent decision of the Alberta Court of Queen’s Bench demonstrates that policy holders must carefully consider the interplay between an insurance policy and its endorsements. In Wage v Canadian Direct Insurance Incorporated, 2019 ABQB...
By: Victoria Yang, Litigation Associate An Ontario court recently found that the injuries sustained by a pedestrian when eggs were thrown at her from a vehicle arose “directly or indirectly from the use or operation of an automobile”. The court determined that the act...
By: Victoria Yang, Litigation Associate & Shaun A. Hashim, Litigation Associate An Ontario court recently found that a personal injury claim, by a daughter against her mother, was covered by homeowner’s insurance. The two lived together and the policy contained an...
By: Lawrence G. Theall, Partner & Shaun A. Hashim, Litigation Associate In Pembridge Insurance Company of Canada v Chu,[1] a judge of Ontario’s Superior Court of Justice recently concluded that insurance policies ought to be interpreted differently when multiple...
By: Victoria Yang, Litigation Associate An Ontario court recently refused an insurer’s attempt to rely on evidence about its insured’s prior conduct. The insurer tried to suggest that a prior loss and misrepresentations on a mortgage application suggested a propensity...
