Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 05 MARCH 2026

Supreme Court Of Canada Clarifies Nullification Of Coverage Doctrine

Theall Group LLP
Explore more from Theall Group LLP

On January 30, 2026 the Supreme Court of Canada released its long-awaited decision in Emond v. Trillium Mutual Insurance Co. The Court had to consider the relationship between a homeowner's property...

CanadaInsurance
Dylan Cox
Dylan Cox
Daniel Gabra
Daniel Gabra
Author LinkedIn connections

On January 30, 2026 the Supreme Court of Canada released its long-awaited decision in Emond v. Trillium Mutual Insurance Co. The Court had to consider the relationship between a homeowner's property policy's Guaranteed Rebuilding Cost ("GRC") endorsement and its by-laws exclusion. Both kinds of clauses are common in homeowner's policies and certain other property insurance products.

As is typical, in Emond, the by-laws exclusion restricted coverage for any additional costs that an insured would incur to comply with any laws regulating zoning, demolition, repair or construction of a building. Thus, where a property policy covers the replacement of a home with one of like kind and quality, the by-law exclusion would exclude any additional costs that have to be incurred so that the property meets current by-laws.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Ontario Auto Insurance Just Changed: What’s Now Optional And How To Protect Yourself

Ontario's 2026 auto insurance reforms converted most accident benefits from mandatory to optional coverage, creating significant gaps in protection for pedestrians, cyclists, and unlisted drivers. Understanding these changes and taking proactive steps before your policy renewal could mean the difference between comprehensive coverage and devastating financial exposure after an accident.
CanadaInsurance
Howie, Sacks & Henry LLP
Howie, Sacks & Henry LLP
Article

Regulatory Alert: FSRA Warns Of Unlicensed GAP Insurance Sales In Ontario

Ontario's Financial Services Regulatory Authority has issued a warning about unlicensed businesses selling Guaranteed Asset Protection (GAP) insurance through vehicle dealerships, leaving consumers potentially unprotected despite paying hundreds of dollars for coverage. The regulatory body has identified cases where GAP products reference insurers that never actually underwrote the policies, and is now taking enforcement action against violators while monitoring the market for compliance with licensing requ
CanadaInsurance
Gowling WLG
Gowling WLG
Article

Ontario's New Road Safety Measure, And What It Means To Your Insurance Rates

If you put winter tires on your car this winter, your insurance company owes you a discount. The announcement was made by the Ontario government on October 14, 2015. As of January 1, 2016, all insurance companies operating in Ontario are required to provide a discount to their policyholders using winter tires. The announcement was made by the Ontario government on October 14, 2015. As of January 1, 2016, all insurance companies operating in Ontario are required to provide a discount to their
CanadaInsurance
Lerners LLP
Lerners LLP
Article

Insurtechs: Canada's Draft Regulations Could Make Insurers Bigger Investors And Partners

Canada's Department of Finance has released draft regulations that could transform how federally regulated insurers invest in and partner with insurtechs. The proposed framework would allow insurers to acquire control of businesses deriving at least 60% of revenue from financial services activities, potentially opening new capital and partnership opportunities for technology-focused insurance companies.
CanadaInsurance
Gowling WLG
Gowling WLG
Article

Does My Credit Card Cover Rental Car Insurance In Canada? What You Need To Know

Premium credit cards often include rental car insurance, but many Canadians misunderstand what this coverage actually protects. While collision damage waivers may cover the rental vehicle itself, they typically exclude liability for injuries to others, personal belongings, and certain vehicle types. Understanding these limitations before declining the rental company's insurance can prevent costly surprises after an accident.
CanadaInsurance
Howie, Sacks & Henry LLP
Howie, Sacks & Henry LLP