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ARTICLE · 17 JUNE 2015

Court Of Appeal Summaries (June 8-12, 2015)

Blaney McMurtry LLP
Blaney McMurtry LLP
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Below are the summaries of this week's Ontario Court of Appeal decisions.

CanadaLitigation, Mediation & Arbitration

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.

Unifund Assurance Company v. D.E., 2015 ONCA 423

[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

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