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  • 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

    Ontario Court Applies Exclusion Clause To Bar Statutory Claim For Unpaid Wages And Benefits

    In a recent decision[1], the Ontario Superior Court of Justice (ONSC) considered the applicability of a prior acts exclusion within a directors and officers liability...
    CanadaEmployment and HR
    Theall Group LLP
    Theall Group LLP
  • Article

    Let The Bygones Be Bygones: Evidence Insurer Cannot Use For Arson Defence

    An Ontario court recently refused an insurer's attempt to rely on evidence about its insured's prior conduct. The insurer tried to suggest that a prior loss and misrepresentations on a mortgage application..
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Preventative Action To Avoid Future Loss Not An "Occurrence" Or "Accident"

    The insured, Mississippi River Power Corporation operated a power generation station on the Mississippi River in Almonte, Ontario.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Ontario Court Of Appeal: Reasonable Apprehension Of Conflict Forces Insurer To Relinquish Control Of Defence

    In Hoang v. Vincentini, the Ontario Court of Appeal ordered an insurer to yield control over the defence of its insured and pay for the insured's independent counsel.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    In ODD Decision, Supreme Court Severs Link Between Certification And Common Issues Trial For Price-Fixing Cases

    The Supreme Court of Canada's decision in Pioneer Corporation v Godfrey, 2019 SCC 42, was a victory for the plaintiff, but it may prove advantageous for class action defendants in other cases.
    CanadaAntitrust/Competition Law
    Theall Group LLP
    Theall Group LLP
  • Article

    Finally A Solution! Proceeds Payable Under LawPro E&O Policy Are A "Debt" Subject To Garnishment By Judgement Creditors

    Ever since the oft-criticized Perry decision, LawPro has hidden behind s.132 of the Insurance Act to avoid paying judgment creditors.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Ontario Court Affirms Insurers' Duty To Defend Long-Tail Construction Claims

    After a bridge collapsed in rural Ontario more than a half century after its construction, the ensuing litigation extended beyond questions of engineering and design.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    No Landlord Duty To Mitigate On Tenant Repudiation In Commercial Leases

    Although commercial real estate law has developed considerably in the past half century, at least one legal precedent has remained unchanged...
    CanadaReal Estate and Construction
    Theall Group LLP
    Theall Group LLP
  • Article

    Ontario Judge Decides Competing Claims Under Legal Expense Insurance Policy

    With every passing year, the expenses plaintiffs incur to prosecute civil claims increase, such that the cost of litigation is now beyond most individuals and many small businesses.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Insureds In A Material World: Defining "Material" In The Context Of Coverage

    Insurance applications can be challenging. The questions are often ambiguous and remembering every piece of relevant information is difficult.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Insurers Prevented From Using Subrogation And Assignment Rights To Recover Against Own Insureds

    In Realtrium Holdings Pickering Inc. v Simpson, the Ontario Superior Court of Justice considered whether an underwriter of a statutorily mandated insurance program was entitled to recover from its own insured for amounts it paid to third-party claimants.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Supreme Court Torpedoes Mr. Submarine's Recovery Of Pure Economic Loss From Allegedly Negligent Supplier

    On November 6, 2020, the Supreme Court of Canada released a 5-4 decision on recovery of negligently-caused pure economic loss that will be significant for defendants...
    CanadaConsumer Protection
    Theall Group LLP
    Theall Group LLP
  • Article

    Carneiro v. Durham: The Independent Rights Of An Additional Insured

    The events that led to the dispute in this case began on a snowy day in the Regional Municipality of Durham
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Caveats To The Aggressive Pursuit Of Self-Interest: Revisiting Bhasin And The Good Faith Doctrines

    In 2014, the Supreme Court of Canada released Bhasin v Hyrnew, which recognized a general principle of good faith in contractual performance. The decision highlighted
    CanadaCorporate/Commercial Law
    Theall Group LLP
    Theall Group LLP
  • Article

    British Columbia Court Of Appeal Interprets Policy Definition In Favour Of Insured

    In Honeywell International Inc. v XL Insurance Company Ltd.[1], the British Columbia Court of Appeal ( "BCCA") overturned an application judge's decision.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Concurrent Duty To Defend – A Team Sport

    The Ontario Court of Appeal recently addressed three important elements of the duty to defend, where there is concurrent coverage under two policies...
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Court Of Appeal For Ontario Upholds Punitive Damages Award Against Insurer

    In Truong v Jeweler's Mutual Insurance Company, the Court of Appeal for Ontario (ONCA) upheld a trial judge's decision, finding no reversible error in the judge's...
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Newfoundland Court Finds Insured Under No Obligation To Engage In Appraisal

    In a recent decision, the Newfoundland and Labrador Supreme Court (NLSC) refused to compel the insured to engage in an appraisal of a loss under a property insurance policy.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Motion To Appoint Independent Defence Counsel Creates Confusion Over Insured's Right To Full Indemnity Costs

    In a potentially controversial ruling, an Ontario judge recently refused to grant two insured applicants full indemnity for costs on a motion related to the duty to defend.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP

Showing 61–80 of 104 results

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