Although this decision is not a typical products case, the considerations are similar to those that a court reviews in a case involving the implied warranty of fitness under the provincial Sale of Goods acts.

Contracts provide an ideal opportunity for the efficient allocation of risk, and insurance clauses can cover much of this ground, often with no concessions from your client.

In Watt v TD Insurance,1 the Superior Court of Justice confirmed that interest is payable on judgments against insurers, even where the damages awarded are only to compensate for the loss of chattels.

The Alberta Court of Appeal (ABCA) has released a decision reiterating how important it is for insureds to act promptly if they wish to oppose a position taken by their insurer.

The Ontario Superior Court of Justice recently held that an insurer who wrongfully denied a US$121 million claim must pay prejudgment interest based on the actual cost of borrowing...

The litigation was at the discovery stage, although examinations had not been held, when the insurer tried to withdraw coverage.

In Winnipeg Condominium Corp. No. 613 v. Raymond S.C. Wan Architect Inc., the defendant architectural firm and its principal had provided architectural services for the design and construction of a condominium.

In 202135 Ontario Inc. v. Northbridge General Insurance Corporation, the Ontario Court of Appeal ruled for the insured on an issue raised by its claim for business interruption losses caused by the Covid-19 pandemic.

The recent costs endorsement in Hoang v. The Personal Insurance Co.

In this case, there was real value added by the additional insured endorsement even though the language of the clause itself was restrictive.

In a recent decision, the British Columbia Court of Appeal ("BCCA") interpreted a clause that excluded loss or damage caused directly or indirectly by "subsidence".

The Ontario Court of Appeal recently held that a broad contributing cause exclusion does not apply simply because an excluded peril was included in the chain of causation.

In a recent decision[1] of the Ontario Superior Court of Justice ("ONSC"), the court was tasked with determining whether Fluid Hose Coupling Inc.

The Ontario Insurance Act requires that every property insurance contract in the province give the parties a right to require that disagreements about the amount of an insured loss be resolved via an appraisal process.

Some policyholders purchase professional fees coverage as an extension to their insurance policy's general coverage grant.

The Ontario Superior Court of Justice recently upheld the LawPRO denial of coverage for a practicing lawyer.

The Ontario Superior Court of Justice rendered a decision involving a product liability claim that considered new legislation and guidelines arising from the Walkerton water crisis.

The Supreme Court of Canada's May 31, 2024, decision in Earthco Soil Mixtures Inc v Pine Valley Enterprises Inc, 2024 SCC 20, has done away with the requirement for "magic words"...

An Ontario judge recently permitted an insured to amend its claim after the limitation period had expired, to plead additional insurance policies that applied to the same claim and new heads of damages.

In 2009, pedestrian Barbara Lynn Carroll was injured when she was struck by a motor vehicle operated by Robert McEwen and owned by Caroline McEwen.