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  • Article

    Cautious Use of Rule 2.1 Against Vexatious Claims in Khan v. Krylov & Company LLP

    In the recent case Khan v. Krylov & Company, 2017 ONCA 625 ("Khan"), the Ontario Court of Appeal revisited the principles to be considered by a Court when exercising its authority pursuant to Rule 2.1.01 of the Rules of Civil Procedure to stay or dismiss an action that is found to be patently frivolous, vexatious or an abuse of process, reaffirming that such relief will be granted only in the clearest of cases.
    CanadaInsurance
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Challenging Insurance Evaluations In Total Loss Collisions

    In the statement of claim filed in the Supreme Court of Nova Scotia, which is yet to be certified, we allege that insurance companies "systemically thumb the scale" when calculating the actual...
    CanadaInsurance
Gluckstein Lawyers
Gluckstein Lawyers
  • Article

    Competing "Other Insurance Clauses": Can One Trump The Other?

    The Panel ultimately concluded that the two insurers must share the burden of defence and indemnity of the driver equally.
    CanadaInsurance
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Court Of Appeal Dramatically Restricts Application Of "Delay" Exclusion In E&O Policy

    The ONCA recently limited the application of a "delay" exclusion where damages awarded against the insured arose from two concurrent causes, notwithstanding that one of these causes was excluded from coverage.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    CPP Disability Benefits: To Deduct Or Not To Deduct

    The standard form SEF 44 endorsement (The Endorsement) was recently interpreted by the Supreme Court of Canada in the case of Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7.
    CanadaInsurance
    Field Law
    Field Law
  • Article

    Delay In Coverage Decision Attracts Criticism From Ontario Court Of Appeal

    On February 6, 2005, three motorcycle drivers were racing. One of the drivers, Mr. Werkman, lost control and struck a car seriously injuring the driver, Mr. Mallory. Mr. Werkman died.
    CanadaInsurance
    Miller Thomson
    Miller Thomson
  • Article

    Disability Does Not Mean Downfall

    One afternoon not long ago, Steve Wise, a Lawyers Financial Advisor in Southwestern Ontario, got a call from his client, an established lawyer in Windsor, who had just been diagnosed with lung cancer. It came as a complete shock.
    CanadaInsurance
    Lawyers Financial
    Lawyers Financial
  • Article

    Disappointed No Longer: Supreme Court Clarifies The Interplay Between Insurance Act Beneficiary Designations And Unjust Enrichment

    Last Friday, the Supreme Court of Canada released its long-awaited decision in the case of Moore v Sweet, and settled a troubling issue in the trusts and estates world: the case of the disappointed...
    CanadaInsurance
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Don’t Miss The Boat On Your Insurable Interest

    The Superior Court of Quebec recently rendered a decision based on insurable interest in a case involving a sunken boat.
    CanadaInsurance
    Gowling WLG
    Gowling WLG
  • Article

    Duty Of Loyalty Owed By Defence Counsel, Even With Reservation Of Rights

    On February 6, 2015, three motorcycle drivers were racing. One of the drivers, Mr. Werkman, lost control and struck a car seriously injuring the driver, Mr. Mallory. Mr. Werkman died.
    CanadaInsurance
    Miller Thomson
    Miller Thomson
  • Article

    Eric's LTD Update - Summer 2020

    I hope that everyone reading this is healthy and has coped relatively well during this pandemic. I know many of you have been heavily impacted: childcare issues, cancelled dream vacations, weddings
    CanadaInsurance
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Failure To Mediate In Good Faith: Commentary From The Ontario Court Of Appeal

    In the case of Ross v. Bacchus, the Ontario Court of Appeal was asked to overturn a trial judge's imposition of a $60,000 penalty on an insurer for failing to mediate in good faith.
    CanadaInsurance
    Miller Thomson
    Miller Thomson
  • Article

    Failure To Serve A Statement Of Claim May Be Fatal

    A recent Alberta Court of Appeal decision reiterated the importance of timely service of a statement of claim.
    CanadaInsurance
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Four Steps To Survive The Holidays And Prevent Fraud

    During the holiday season, many private businesses will see an increase in seasonal workers, an influx in sales activity and out-of-the-ordinary work schedules...
    CanadaInsurance
    Grant Thornton
    Grant Thornton
  • Video

    From Bids To Bricks - Laying The Foundation (Video)

    Explore strategic approaches to procurement and professional liability insurance that can help organizations optimize their risk management practices. Learn how smarter decision-making in these areas can protect your business while improving operational efficiency.
    CanadaInsurance
    Gowling WLG
    Gowling WLG
  • Article

    From Funk To Fairness: Alberta's New Take On SEF 44 Endorsements

    The Alberta Court of King's Bench has delivered a decision that could significantly influence the interpretation of SEF 44 endorsements, which provide policyholders with tort-like compensation for injuries...
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Frozen? Don't Let It Go: Managing The Risk Of Physical Damage To Your Products

    The UPS company doesn't just deliver, or occasionally lose, your courier parcels — it also runs sophisticated storage warehouses.
    CanadaInsurance
    Smart & Biggar
    Smart & Biggar
  • Article

    Game of Drones: An Introduction on How to Navigate Legal Airspace

    The fastest growing sector within the aerospace industry is undoubtedly Unmanned Aerial Vehicles, commonly known as drones.
    CanadaInsurance
    Lerners LLP
    Lerners LLP
  • Article

    Guardianship Fees And SABS

    All auto insurance policies sold in the Province of Ontario include statutory accident benefits coverage. These are benefits that a policyholder is entitled to claim from their own insurer
    CanadaInsurance
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Identifying High-Risk Drivers

    If you are a driver who has quite a few tickets and possibly an accident or two racked up on your record, you may be known as a high-risk driver.
    CanadaInsurance
    Gluckstein Lawyers
    Gluckstein Lawyers
  • Showing 821–840 of 3821 results

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