Hello everyone. Below are the summaries of this week's
Ontario Court of Appeal decisions. Topics covered include the duty
to defend in insurance law; custody; summary judgment; section 7 of
the Charter and the Building Code Act; and
contractor fraud/theft charges in a home renovation case.
[MacPherson, Cronk and Gillese JJ.A.]
Counsel:
M. O'Donnell and M. Barrett, for the appellant.
V. Msi, for the respondents.
Keywords: Insurance Law, Insurance Policy
Interpretation, Duty to Defend, Duty to Indemnify, Exclusion
Clauses, Contra Proferentem
Facts:
The respondents, D.E. and L.E., have a homeowners' insurance
policy with Unifund Assurance Company ("Unifund"), which
includes liability coverage if their personal actions cause
unintentional bodily injury or property damage. D.E. and L.E. are
defendants in a lawsuit where the anchor claim is that their
daughter bullied a fellow student, resulting in