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  • Article

    Good Faith Obligations Survive Bankruptcy Of The Insured

    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.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Theall Group LLP
    Theall Group LLP
  • Article

    Supreme Court Of Canada: Substance-Over-Form Dictates Whether Discoverability Applies To Statutory Limitations

    There are many statutes containing limitation periods that bar plaintiffs from bringing an action after a specified period of time.
    CanadaAntitrust/Competition Law
    Theall Group LLP
    Theall Group LLP
  • Article

    Bad Chair Day: Nerland v. Toronto-Dominion Bank

    A stout, upholstered chair may, at first blush, seem innocuous. It's easy to ignore the warnings often recited by parents and teachers to sit property when rocking back and forth on a chair's legs.
    CanadaConsumer Protection
    Theall Group LLP
    Theall Group LLP
  • Article

    Missing The Mark: Contractor's Use Of Products In Violation Of Code Was Evidence Of Negligence

    Even for those who purchase and install products, compliance with statutory regulation is a must.
    CanadaConsumer Protection
    Theall Group LLP
    Theall Group LLP
  • Article

    Reminder To Retailers: You Are The Low-Hanging Fruit For Potential Plaintiffs

    The British Columbia Supreme Court found the defendant pharmacy liable to the plaintiff who had suffered a severe burn from a medicated patch she bought to treat muscle pain.
    CanadaConsumer Protection
    Theall Group LLP
    Theall Group LLP
  • Article

    SCC Addresses Implied Assurance Of Coverage From Continued Defence

    Common law courts have developed a variety of fairness doctrines under the rubric of "estoppel" that preclude reneging on express or implied assurances.1 The Supreme Court of Canada's recent decision...
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    "You'll Shoot Your Eye Out, Kid!" - Pellet Guns And Conflicts Of Interests

    A recent decision by the Court of Appeal is a cautionary tale, for both insurers and counsel they appoint to defend a policyholder.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Superior Court Provides Guidance On The Use Of An Expert's Report In A Duty To Defend Application

    In AIG Insurance Company v Lloyd's Underwriters, the Superior Court provides guidance with respect to the exclusion for "expected or intended" injuries.
    CanadaLitigation, Mediation & Arbitration
    Theall Group LLP
    Theall Group LLP
  • Article

    Nova Scotia Court Of Appeal Orders Interest Payable Under Disability Policy Based On Required Medical Evidence Submitted

    In Peters v Great-West Life Assurance Company, 2024 NSCA 21, the Nova Scotia Court of Appeal (NSCA) held against the insured on an application brought to settle the pre-judgment interest...
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Bullies And Their Parents Not Covered For Lawsuits Under Home Insurance Policy

    In Unifund Assurance Company v. D.E., the Ontario Court of Appeal ruled that the parents of a school-age bully are not covered for their negligent supervision under their home insurance policy.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    The Court Of Appeal On Extrinsic Evidence And The Duty To Defend

    In AIG Insurance Company of Canada v. Lloyd's Underwriters, the Court of Appeal for Ontario (ONCA) considered to what extent extrinsic evidence could inform a duty to defend analysis.
    CanadaLitigation, Mediation & Arbitration
    Theall Group LLP
    Theall Group LLP
  • Article

    Ontario Court Of Appeal Upholds Finding That Insurer Waived Policy Requirement

    In a recent decision, the Ontario Court of Appeal ("ONCA") had to determine whether the trial judge erred in finding that an insurer underpaid its insured for damaged personal property. The ONCA dismissed...
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Insurers Ordered To Defend Negligent Construction Action, Pay All Pre-Notice Costs

    In GFL Infrastructure Group Inc. v. Temple Insurance Company, the Ontario Court of Appeal (ONCA) ruled for the insureds on an application brought after two insurers (the "Insurers")...
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    B.C. Supreme Court Finds Workmanship/Design Exclusion Does Not Exclude Costs To Remedy Damage Caused By Defective Workmanship

    The British Columbia Supreme Court recently released its decision in Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Company.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Great-West Life Held Liable For Acts Of Fraud Committed By Agent

    Great-West was recently held liable for the fraud of its former agent, where it permitted him to continue dealing with clients following termination of his agency contract.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Manitoba Judge Finds For Insureds In Broker's Negligence Claim

    In 4268113 Canada Ltd. v. King et al., a Manitoba judge found an insurance brokerage and two employees liable in negligence for failing to obtain replacement cost insurance on an apartment building, as requested by the insured.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Supreme Court Limits "Cost Of Making Good" Exclusion, But Leaves Residual Uncertainty

    The Supreme Court of Canada has released its much-anticipated decision in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Plaintiffs Lose Pre-Certification Summary Trial In BC For Failure To Provide Unbiased Expert Evidence

    The representative plaintiffs were widowed after their husbands died while using prescription transdermal fentanyl patches.
    CanadaConsumer Protection
    Theall Group LLP
    Theall Group LLP
  • Article

    Social Engineering Fraud: Significant Coverage Gap Under Commercial Crime Policy

    The Court of Queen's Bench of Alberta recently released what appears to be Canada's first coverage decision dealing with "social engineering fraud", which involves fraudsters deceiving...
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Court Of Appeal For Ontario Holds That Loss Of Use Does Not Constitute "Physical Damage" In The Context Of A Business Interruption Claim

    Last year, the Superior Court of Justice released MDS Inc v Factory Mutual Insurance Company.
    CanadaLitigation, Mediation & Arbitration
    Theall Group LLP
    Theall Group LLP

Showing 41–60 of 104 results

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