ArticleGood Faith Obligations Survive Bankruptcy Of The InsuredIn 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-StructuringTheall Group LLP
ArticleSupreme Court Of Canada: Substance-Over-Form Dictates Whether Discoverability Applies To Statutory LimitationsThere are many statutes containing limitation periods that bar plaintiffs from bringing an action after a specified period of time.CanadaAntitrust/Competition LawTheall Group LLP
ArticleBad Chair Day: Nerland v. Toronto-Dominion BankA 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 ProtectionTheall Group LLP
ArticleMissing The Mark: Contractor's Use Of Products In Violation Of Code Was Evidence Of NegligenceEven for those who purchase and install products, compliance with statutory regulation is a must. CanadaConsumer ProtectionTheall Group LLP
ArticleReminder To Retailers: You Are The Low-Hanging Fruit For Potential PlaintiffsThe 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 ProtectionTheall Group LLP
ArticleSCC Addresses Implied Assurance Of Coverage From Continued DefenceCommon 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...CanadaInsuranceTheall Group LLP
Article"You'll Shoot Your Eye Out, Kid!" - Pellet Guns And Conflicts Of InterestsA recent decision by the Court of Appeal is a cautionary tale, for both insurers and counsel they appoint to defend a policyholder.CanadaInsuranceTheall Group LLP
ArticleSuperior Court Provides Guidance On The Use Of An Expert's Report In A Duty To Defend ApplicationIn AIG Insurance Company v Lloyd's Underwriters, the Superior Court provides guidance with respect to the exclusion for "expected or intended" injuries. CanadaLitigation, Mediation & ArbitrationTheall Group LLP
ArticleNova Scotia Court Of Appeal Orders Interest Payable Under Disability Policy Based On Required Medical Evidence SubmittedIn 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...CanadaInsuranceTheall Group LLP
ArticleBullies And Their Parents Not Covered For Lawsuits Under Home Insurance PolicyIn 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. CanadaInsuranceTheall Group LLP
ArticleThe Court Of Appeal On Extrinsic Evidence And The Duty To DefendIn 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 & ArbitrationTheall Group LLP
ArticleOntario Court Of Appeal Upholds Finding That Insurer Waived Policy RequirementIn 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...CanadaInsuranceTheall Group LLP
ArticleInsurers Ordered To Defend Negligent Construction Action, Pay All Pre-Notice CostsIn 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")...CanadaInsuranceTheall Group LLP
ArticleB.C. Supreme Court Finds Workmanship/Design Exclusion Does Not Exclude Costs To Remedy Damage Caused By Defective WorkmanshipThe British Columbia Supreme Court recently released its decision in Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Company. CanadaInsuranceTheall Group LLP
ArticleGreat-West Life Held Liable For Acts Of Fraud Committed By AgentGreat-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.CanadaInsuranceTheall Group LLP
ArticleManitoba Judge Finds For Insureds In Broker's Negligence ClaimIn 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. CanadaInsuranceTheall Group LLP
ArticleSupreme Court Limits "Cost Of Making Good" Exclusion, But Leaves Residual UncertaintyThe Supreme Court of Canada has released its much-anticipated decision in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co.CanadaInsuranceTheall Group LLP
ArticlePlaintiffs Lose Pre-Certification Summary Trial In BC For Failure To Provide Unbiased Expert EvidenceThe representative plaintiffs were widowed after their husbands died while using prescription transdermal fentanyl patches. CanadaConsumer ProtectionTheall Group LLP
ArticleSocial Engineering Fraud: Significant Coverage Gap Under Commercial Crime PolicyThe 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...CanadaInsuranceTheall Group LLP
ArticleCourt Of Appeal For Ontario Holds That Loss Of Use Does Not Constitute "Physical Damage" In The Context Of A Business Interruption ClaimLast year, the Superior Court of Justice released MDS Inc v Factory Mutual Insurance Company.CanadaLitigation, Mediation & ArbitrationTheall Group LLP