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  • Article

    When Can A Broker Bind An Insurer? Navigating The Relationship Between Broker And Underwriter And The Case Of Deasan v. CNA

    In a recent decision of Deasan Holdings Ltd. v. Continental Casualty Company, 2024 BCSC 580, Brownlee lawyers David Pick and Hassan Khan successfully argued that the plaintiff...
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    When Does An Insurer Waive Its Right To Deny Coverage? The SCC To Provide Guidance

    On April 23, 2020, the Supreme Court of Canada granted leave to appeal in Bradfield v Royal Sun Alliance Insurance Company, 2019 ONCA 800, and thereby signaled its intent to consider the circumstances in which an insurer ...
    CanadaInsurance
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Who's An Expert?: The Last Word On Westerhof V. Gee Estate

    The Supreme Court recently denied leave to Appeal the Ontario Court of Appeal's decision in Westerhof v. Gee, leaving the Court of Appeal's decision as the final word on the important issue of the application of Rule 53.03.
    CanadaInsurance
    Miller Thomson
    Miller Thomson
  • Article

    Will Ontarians Be Permitted To Traffic In Life Policies Bill 162, Insurance Amendment Act (Life Settlements), 2017

    Life settlements, also known as trafficking or trading in life insurance policies, involve the disposition by the insured of all rights under a life insurance policy to a third party in exchange for a cash payment.
    CanadaInsurance
    Miller Thomson
    Miller Thomson
  • Article

    You've Received A Notice To Applicant Of Dispute Between Insurers, Now What?

    You've been in a car accident and sustained injuries. After completing a deluge of forms requested by your car insurer, you are now served with a Notice to Applicant of Dispute...
    CanadaInsurance
    Bergeron Clifford
    Bergeron Clifford
  • Article

    2015 PJI And Higher Deductible Provisions Apply Retrospectively And More?

    The Court of Appeal released two decisions that hopefully put to bed the debate about the effect of legislative changes made in 2015.
    CanadaLitigation, Mediation & Arbitration
    Samis + Company
    Samis + Company
  • Article

    Blaneys Argues Ontario Court Of Appeal Excluded Driver Endorsement Case

    In RSA v Intact Insurance, Ms. Wilson and her husband met with their insurance broker on February 29, 2012. Her license had been suspended on account of unpaid fines.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Challenges Of Pre-Existing Conditions In Ontario Car Accident Claims

    Insurance companies often scrutinize these cases, trying to attribute injuries to prior health issues instead of the accident. Let's discuss how pre-existing conditions affect the compensation process and strategies...
    CanadaLitigation, Mediation & Arbitration
    Nelligan Law
    Nelligan Law
  • Article

    Court Of Appeal Affirms Substantial Damages In Police Liability Case For Breaching Confidentiality

    In February 2015, the Superior Court of Justice awarded substantial damages against the Durham Regional Police Services Board ("Police") for releasing the identity of an alleged confidential informant.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Court Of Appeal Clarifies "Some Basis In Fact" Requirement For Common Issues In Class Actions

    In its recent decision in Fehr v Sun Life Assurance Co. of Canada, the Ontario Court of Appeal, overturning in part certain holdings of the lower court, certified a class-action lawsuit...
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Home Depot Not Liable for Slip and Fall in Parking Lot

    In Alberta, occupiers owe a duty to maintain a reasonable system of maintenance and inspection to keep their premises reasonably safe for lawful visitors.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Implications Of Social Safety Nets In Care Costing: Who Pays?

    When a child or adult suffers a severe traumatic brain injury or spinal cord injury, the costs for care into the future are significant.
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Long-Haul COVID And Long-Term Disability Claims

    Gluckstein Lawyer Steve Rastin has recently been in the media discussing the barriers people may encounter with their insurance company if they suffer from long-haul COVID and cannot return to work.
    CanadaLitigation, Mediation & Arbitration
    Gluckstein Lawyers
    Gluckstein Lawyers
  • Article

    Navigating Subrogation In Quebec

    Over the past several years, Senior Associate Marie-Pier Nadeau has handled subrogated claims across Canada.
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Nemchin V. Green: The Deduction Of Collateral Benefits At Trial

    The plaintiff was injured in a car accident in 2010. The trial in 2017 led to a jury verdict of $125,000 in general damages and $600,000 in future loss of income.
    CanadaLitigation, Mediation & Arbitration
    Miller Thomson
    Miller Thomson
  • Article

    New Auto Insurance Rules In Ontario For 2026: The End Of Most Mandatory Benefits

    The biggest change to auto insurance in Ontario is coming in 2026. The Ontario government has decided to do away with most mandatory benefits included in all auto insurance policies...
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Occupiers' Liability Amendment Act Receives Royal Assent

    Slip and falls on hospital property in winter conditions are a common source of claims.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Ontario's Top Court Finds School Board Not Liable In Bullying Claim

    In Rizzuto v. Hamilton Wentworth Catholic District School Board, 2025 ONCA 773 (Rizzuto), the Court of Appeal for Ontario affirmed the dismissal of a negligence claim...
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    OSPCA v. Sovereign General Insurance: Ontario Court Of Appeal Holds That Interpretation Of Insurance Contract Raises Questions Of Mixed Fact And Law

    As we have previously discussed, the 2014 Supreme Court of Canada decision in Sattva Capital Corp. v. Creston Moly Corp. held that contractual interpretation is a question of mixed fact and law...
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Rondel v Robinson Estate

    This appeal challenged the common law position on the inadmissibility of direct extrinsic evidence of a testator’s intention in the face of an unambiguous will.
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Showing 561–580 of 3820 results

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