Developments In Loss Transfer: Does The Doctrine Of Laches Apply To Bar Delayed Claims?

Canada v. Lombard General Insurance Company of Canada¹ and Zurich Insurance Company v. TD General Insurance Company², have left the law unclear with respect to the doctrine of laches as applied to Ontario's loss transfer regime. We do however, expect to hear from the Ontario Court of Appeal in the near future as Intact v. Lombard's leave to appeal was granted and was heard earlier this spring (Court File No. C58290). Unfortunately, until the Court of Appeal passes judgment, we are left with conflicting rulings with respect to the doctrine of laches as it applies to loss transfer.

Below is a summary of both cases.

I. Intact Insurance Company of Canada v. Lombard General Insurance Company of Canada