Motion To Appoint Independent Defence Counsel Creates Confusion Over Insured’s Right To Full Indemnity Costs
By: Lawrence G. Theall, Partner & Shaun A. Hashim, Litigation Associate In a potentially controversial ruling, an Ontario judge recently refused to grant two insured applicants full indemnity for costs on a motion related to the duty to defend. This decision is...
Social Engineering Fraud: Significant Coverage Gap Under Commercial Crime Policy
By: Camille M. Dunbar, Litigation Associate The Court of Queen’s Bench of Alberta recently released what appears to be Canada’s first coverage decision dealing with “social engineering fraud”, which involves fraudsters deceiving an...
Coverage Issues For Off-Road Vehicles
By: Melissa A. Wright, Litigation Associate A recent decision by the Ontario Licence Appeal Tribunal reminds us of the potential coverage issues surrounding off-road vehicles, such as all-terrain vehicles, commonly referred to as ATVs.[1] The applicant was injured in...
Ontario Court Provides “Appropriate” Relief Against Statutory Limitation For Insurance Claims
By: Lawrence G. Theall, Partner & Shaun A. Hashim, Litigation Associate Ontario’s two year limitation period often becomes a trap for unwary policy holders who suffer a property loss. It is not uncommon to see claims drag on through the adjusting process,...