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ARTICLE · 19 MAY 2020

Ontario Court Of Appeal Rules On Concurrent Duties To Defend

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In Markham v. AIG Insurance Company of Canada, 2020 ONCA 239A, the Ontario Court of Appeal addressed a dispute between two insurers regarding the extent of their respective duties to defend a municipality...

CanadaLitigation, Mediation & Arbitration
Rebecca Curcio
Rebecca Curcio
Keith Batten
Keith Batten
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In Markham v. AIG Insurance Company of Canada, 2020 ONCA 239A, the Ontario Court of Appeal addressed a dispute between two insurers regarding the extent of their respective duties to defend a municipality, including the apportionment of defence costs and their roles in participating and controlling the defence of the claim.

Background

In the underlying action, a young boy was injured when a puck flew into his face while he was at a hockey rink located at a municipal community centre. The rink had been rented by Hockey Canada and two hockey associations (the Hockey Clubs). A claim was commenced naming the municipality and Hockey Canada. In turn, the municipality commenced a third party claim against the Hockey Clubs.

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