Nov 4, 2019 | Insurance
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...
May 13, 2019 | Insurance
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...
May 10, 2019 | Insurance
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...
Apr 18, 2019 | Insurance
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...
Mar 27, 2019 | Insurance
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...
Mar 15, 2019 | Insurance
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...
