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...
By: Dylan J. Cox, Litigation Associate An Ontario judge recently permitted an insured to amend its claim after the limitation period had expired, to plead additional insurance policies that applied to the same claim and new heads of damages.[1] The judge’s decision is...
By: Melissa A. Wright, Litigation Associate A recent decision by the Court of Appeal is a cautionary tale, for both insurers and counsel they appoint to defend a policyholder. The Court of Appeal’s recent decision in Reeb v. The Guarantee Company of North...
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...
