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  • Article

    Coverage Issues For Off-Road Vehicles

    A recent decision by the Ontario Licence Appeal Tribunal reminds us of the potential coverage issues surrounding off-road vehicles, such as all-terrain vehicles, commonly referred to as ATVs.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Fraud Vitiates Insured's Action Against Insurer Under Automobile Policy

    Abbas v Esurance Insurance Company of Canada stablishes a bright-line rule under section 554(1) of the Alberta Insurance Act.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Court Of Appeal Overturns Order Requiring Insurer To Defend Privacy Class Action

    The Ontario Court of Appeal (ONCA) has released a decision that reiterates a key guiding principle in proceedings brought to enforce an insurer's duty to defend: the court must carefully ...
    CanadaLitigation, Mediation & Arbitration
    Theall Group LLP
    Theall Group LLP
  • Article

    Court Denies Covid-19 Business Interruption Coverage Claim

    In Sir Corp v. Aviva, an Ontario judge dismissed an application by a restaurateur for a declaration of coverage for business interruption losses.
    CanadaCoronavirus (COVID-19)
    Theall Group LLP
    Theall Group LLP
  • Article

    Ontario Court Of Appeal: Insured's Failure To Provide Up To Date Address Not A "Breach Of Duty To Cooperate" As Not "Substantial"

    The insured has a duty to cooperate with defence counsel appointed by his insurer. The Ontario Court of Appeal recently reconfirmed that this duty to cooperate is not subject to a standard of perfection.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Judge Confirms Limited Use Of Extrinsic Evidence For Duty To Defend

    An insurer's duty to defend an action against its insured is triggered by the mere possibility that a claim could be made under the insured's policy.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Traders v. Gibson: Injury Claim Between Co-Habiting Family Covered By Homeowner's Policy Despite "Household Exclusion"

    An Ontario court recently found that a personal injury claim, by a daughter against her mother, was covered by homeowner's insurance.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    In Nodel v. Stewart Title Guaranty Co., it "Paid" to Know the Rules of Policy Interpretation

    Having found that the clause was ambiguous, the Court moved on to apply the general rules of contract construction.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Failure To Take Assignment From Insured Could Bar Broker's Claim

    A recent Ontario case illustrates the complex nature of insurance law. It also demonstrates what can happen when a party to a coverage claim fails to have the proper advice on coverage issues.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    The Ontario Court Of Appeal Leaves Window Cleaners Out To Dry On Window Replacement Costs

    The Ontario Court of Appeal's recent decision in G & P Procleaners and General Contractors Inc. v. Gore Mutual Insurance Co.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    BC Court Of Appeal Clarifies What Parts Of Your Home Are "Within Your Dwelling"

    In Gill v The Wawanesa Mutual Insurance Company, the British Columbia Court of Appeal was tasked with determining what parts of a home are "within the dwelling" when interpreting coverage provisions in a homeowner's insurance policy.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Is That "Faulty Workmanship" Exclusion Watertight? ONCA Finds That Insurer Cannot Exclude Resulting Damage By Implication

    Many all-risks insurance policies exclude damage caused by a contractor's faulty workmanship. The breadth of these "faulty workmanship" exclusions vary considerably.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Ontario Court Provides "Appropriate" Relief Against Statutory Limitation For Insurance Claims

    Ontario's two year limitation period often becomes a trap for unwary policy holders who suffer a property loss.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Supreme Court Of Canada Clarifies Nullification Of Coverage Doctrine

    On January 30, 2026 the Supreme Court of Canada released its long-awaited decision in Emond v. Trillium Mutual Insurance Co. The Court had to consider the relationship between a homeowner's property...
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    B.C. Court Of Appeal Finds Costs To Remedy Damage Caused By Defective Workmanship Is Not Excluded By Workmanship/Design Exclusion

    The Respondent was the contractor for an eight-story reinforced concrete structure being built as a major addition to the Royal Jubilee Hospital in Victoria, B.C.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Coachman Insurance Co. V. Kraft: A Passenger Can Be In "Use" Of A Motorized Vehicle

    In Coachman Insurance Co. v. Kraft, a recent decision of the Ontario Superior Court, the Court found that "use" of a "motorized vehicle" in a homeowner's policy exclusion includes the conduct...
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    UK Supreme Court Sides With Policyholders In COVID-19 Business Interruption Test Case

    On January 15, 2021, the UK's Supreme Court (UKSC) rendered its much-awaited decision on business interruption (BI) coverage for COVID-19 (the "Test Case").
    CanadaCoronavirus (COVID-19)
    Theall Group LLP
    Theall Group LLP
  • Article

    Insurance For Business Interruption Resulting From The COVID-19 Pandemic: What Your Policy May Cover

    On March 23, 2020, the Ontario government announced that to fight the spread of COVID-19, effective March 24th at 11:59 pm...
    CanadaCoronavirus (COVID-19)
    Theall Group LLP
    Theall Group LLP
  • Article

    Supreme Court Of Canada Expands Scope Of "Wilful Misconduct" Marine Exclusion – No Intent Required

    A statutory exclusion for loss attributable to "wilful misconduct" of the insured does not require proof that the insured intended to cause the loss.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Speeding Motor Vehicle Makes An Eggs-press Delivery

    An Ontario court recently found that the injuries sustained by a pedestrian when eggs were thrown at her from a vehicle arose "directly or indirectly from the use or operation of an automobile".
    CanadaLitigation, Mediation & Arbitration
    Theall Group LLP
    Theall Group LLP

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