The last few weeks of 2009 saw the release of four interesting
decisions, from various levels of Canadian courts, on important
insurance law matters. While the decisions were not overtly related
to each other, each was noteworthy in its own right, and is
summarized below.
1. Regulatory Jurisdiction
Royal Bank of Canada v. Mujagic
[2009] O.J. No. 4891 (Ont. S.C.J.)
In this case, the plaintiff Royal Bank (RBC) sought to enforce
its mortgage rights against the defendants by way of summary
judgment. While the defendants did not dispute that the mortgage
was valid and in default, they argued, among other things, that the
plaintiff and third party, RBC Insurance, negligently
misrepresented the nature and quality of insurance promoted at the
plaintiff's branch. Further, the defendants alleged that RBC
and RBC Insurance violated legal requirements regarding the
provision of insurance products, as the plaintiffs had not obtained
the applicable licence.
