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  • Article

    All-Risk Policy Fails To Protect Against COVID-19 Related Losses: Ontario

    Courts are continuing to deal with the novel insurance claims resulting from COVID-19 related losses. In Sir Corp v. Aviva, 2022 ONSC 6929, Justice Ramsay of the Ontario Superior Court of Justice recently...
    CanadaInsurance
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    COVID-19 And Third-Party Liability Claims – Homeowner Insurance Policy Coverage

    he COVID-19 global pandemic has resulted in serious restrictions on how we go about our day-to-day lives and has led homeowners and insurers to raise questions about policy wording and insurance coverage related to COVID-19.
    CanadaCoronavirus (COVID-19)
    Clark Wilson LLP
    Clark Wilson LLP
  • Article

    MDS v Factory Mutual Case Suggests Courts Might Allow Claims For COVID-19 Business-interruption Coverage Under Property Insurance Policies

    A question frequently arises as to whether property insurance policies will cover business-interruption losses arising from COVID-19.
    CanadaCoronavirus (COVID-19)
    Burnet, Duckworth & Palmer LLP
    Burnet, Duckworth & Palmer LLP
  • Article

    Policies In The Pandemic: Covid-19 Does Not Constitute Property Damage

    In Sir Corp. v. Aviva, 2022 ONSC 6929, the Ontario Superior Court found that COVID-19 did not constitute "direct physical loss or damage" to property required to trigger...
    CanadaCoronavirus (COVID-19)
    Clark Wilson LLP
    Clark Wilson LLP
  • Article

    The Liability Of Long-term Care Facilities: COVID-19's Projected Impact

    The COVID-19 pandemic could cause large losses for liability insurers covering nursing homes and long-term care facilities, and therefore further tightening of rates, a Canadian managing general agent predicts.
    CanadaCoronavirus (COVID-19)
    Field Law
    Field Law
  • Article

    Federal Programs For Workplaces RE: COVID-19

    In this update, we address what programs may be available for workers and employers in response to the challenges being faced in workplaces.
    CanadaEmployment and HR
    Minden Gross LLP
    Minden Gross LLP
  • Article

    A Provincial Twist On The Emergency Suspension Of Limitation Periods

    While many Canadian courts continue to suspend two-year limitation periods for plaintiffs to file civil lawsuits against insurers and other defendants,...
    CanadaInsurance
    Field Law
    Field Law
  • Article

    Quantifying Your COVID-19 Insurance Claim

    In April, Even Greenberg, CEO of Chubb Limited, told Bloomberg that forcing insurers to pay for losses that policies do not cover or were not priced for would damage the insurance industry.
    CanadaCoronavirus (COVID-19)
    Crowe Soberman LLP
    Crowe Soberman LLP
  • Article

    A Café, Restaurant, Hotel And Luxury Travel Goods Retailer Declared Victorious Against Insurers… For Now

    In a judgment handed down by the Western Cape High Court on 25 November 2020 in the matter of Interfax (Pty) Ltd v Old Mutual Insure Limited, luxury travel goods retailer,...
    CanadaCoronavirus (COVID-19)
    Fasken
    Fasken
  • Article

    Diagnosing The Impact Of COVID-19 On Representation And Warranty Insurance

    According to the 2019 ABA Private Target M&A Deal Points Study, in the US 52% of purchase agreements examined included references to representation and warranty insurance ("RWI")[1].
    CanadaCoronavirus (COVID-19)
    Fasken
    Fasken
  • Article

    Insurance And Business Interruption Losses Caused By COVID-19 Shutdowns: Are You Covered?

    As Ontario enters another month of a government ordered lockdown of the economy because of the worldwide COVID-19 health emergency, businesses continue to struggle as they see their revenues and profits plummet.
    CanadaCoronavirus (COVID-19)
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Will My Insurance Cover COVID-19 Losses?

    In addition to the global health implications of COVID-19, voluntary and mandatory restrictions being implemented in an effort to "flatten the curve" of infection rates are disrupting business...
    CanadaCoronavirus (COVID-19)
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    A Primer On Employment Insurance Top-Up Plans (AKA Supplemental Unemployment Benefit Plans)

    COVID-19 has unfortunately forced many businesses to make the extremely hard decision to lay off workers until the economy improves.
    CanadaCoronavirus (COVID-19)
    McKercher LLP
    McKercher LLP
  • Article

    Beware Your Fellow Occupiers – The Court Of Appeal Weighs In On The Occupiers' Liability Act

    Can one house member sue another for injuries sustained in the house they share? The Ontario Court of Appeal says yes.
    CanadaCoronavirus (COVID-19)
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Canada's Federal Government Expands COVID-19 Emergency Wage Subsidy Eligibility Criteria

    On April 1, 2020, Canada's Minister of Finance announced the federal government's plans for a comprehensive wage subsidy program that would cover up to 75 percent of an employee's regular wages for up to 3 months.
    CanadaCoronavirus (COVID-19)
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    COVID-19 Update – March 19, 2020

    On the morning of March 18, 2020, we published an information bulletin to provide information, and address some of the most common questions faced by employers regarding the COVID-19 pandemic.
    CanadaCoronavirus (COVID-19)
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    MDS v. Factory Mutual Unlikely To Open The Floodgates For Successful COVID-Related Business Interruption Claims

    The March 30, 2020 decision of the Ontario Superior Court of Justice in MDS v. Factory Mutual flows from an unanticipated leak of heavy water containing radioactive Tritium discovered to be draining through a wall...
    CanadaCoronavirus (COVID-19)
    Gowling WLG
    Gowling WLG
  • Article

    ONCA Overturns A Business Interruption Claim Allowed By The ONSC And The Implications For COVID-19 Related Claims: A Case Digest Of MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594

    By way of our April 16, 2020 article Commercial All-Risks Property Policies and Business Losses in the Age of COVID-19, partner Celeste Small provided a cogent analysis as to how commercial all-risk property policies ...
    CanadaCoronavirus (COVID-19)
    Scott Venturo Rudakoff LLP
    Scott Venturo Rudakoff LLP
  • Article

    Sick Of COVID Business Claims? What Insurers Need To Know

    The Ontario Supreme Court recently examined the ability to recover for lost revenue associated with the COVID-19 pandemic through standard form business interruption insurance policies.
    CanadaCoronavirus (COVID-19)
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    COVID-19: Top Legal Considerations For Organizations

    A distant threat until recently, COVID-19 (aka Coronavirus) has now landed squarely on Canadians' doorsteps, prompting various levels of government to implement urgent action to ...
    CanadaFood, Drugs, Healthcare, Life Sciences
    MLT Aikins LLP
    MLT Aikins LLP

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