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  • Article

    A Coverage ‘Thrilla' In Manila – Court Finds Underinsured Endorsement Provides Worldwide Coverage

    A recent decision of the Alberta Court of Queen's Bench demonstrates that policy holders must carefully consider the interplay between an insurance policy and its endorsements.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Step By Step Appraisals – The New Kid On The Block

    The Ontario Court of Appeal has ruled in Truscott v Co-operators General Insurance Company, 2023 ONCA 267, that the appraisal process under Ontario's Insurance Act may be iterative.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Inability To Prove Common Design Dooms Class Action

    Despite the popular belief that all product liability cases are appropriate for certification as class actions, the recent decision of O'Brien v. Bard Canada Inc. proves otherwise.
    CanadaConsumer Protection
    Theall Group LLP
    Theall Group LLP
  • Article

    In Need Of Some "Dam" Relief! - Court Of Appeal Allows Imperfect Compliance With Reporting Requirements For Uninsured Automobile Coverage

    In Dams v. TD Home and Auto Insurance Company, 2016 ONCA 4, the Ontario Court of Appeal continued its trend of liberalizing relief from forfeiture...
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Novel Case On Data Exclusion Interpreted In Favour Of Insureds

    An Ontario judge recently interpreted a data exclusion in favour of the insureds, ordering the insurer to defend claims arising out of an alleged website security breach.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Ontario Court To Insurers: Give Me Clarity Or Save Your Breath!

    Timely reporting to the insurer is essential for liability insurance policies structured on a claims-made basis.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    That's Cold: Insurer Ordered To Defend Claims Made Against Cold Storage Provider

    The Alberta Court of Appeal ordered an insurer to defend claims made against the insured's cold storage business, which was sued when its warehouse thawed and damaged its customer's food products.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Eureka! Supreme Court Stakes Discovery Of A Claim On Plausible Inference

    During the past twenty years, many provinces have simplified their legislation governing limitation periods. One remaining complexity is that courts have continued to assess...
    CanadaLitigation, Mediation & Arbitration
    Theall Group LLP
    Theall Group LLP
  • Article

    Inadmissible Evidence Dooms Manufacturer’s Summary Judgment Motion

    In Mitusev v. General Motors Corp., the plaintiff was driving a van manufactured by the defendant, General Motors Corporation ("GM"), along a highway when he slid on a patch of ice.
    CanadaConsumer Protection
    Theall Group LLP
    Theall Group LLP
  • Article

    Manufacturer Fails To Set Aside Jury Decision Imposing Liability For Failure To Warn

    A recent decision by the Ontario Court of Appeal, illustrates the difficulties faced by companies that try to challenge a jury’s findings.
    CanadaConsumer Protection
    Theall Group LLP
    Theall Group LLP
  • Article

    No Faulty Workmanship In Court Of Appeal's Interpretation Of Common Exclusion Clause

    The Alberta Court of Appeal recently addressed a recurring coverage issue...
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    On Covenants To Insure And The (Un)Reasonable Inference Of Risk Assumption

    In Capital Sewer Servicing Inc v Crosslinx Transit Solutions Constructors, the Court of Appeal for Ontario confirmed that covenants to insure do not, as matter of law, mean the covenantor agrees to assume the insured risk.
    CanadaReal Estate and Construction
    Theall Group LLP
    Theall Group LLP
  • Article

    British Court Issues Important Decision On Business Interruption Coverage For COVID19

    England's Financial Conduct Authority ("FCA") was largely successful in its test case against eight (8) insurers...
    United KingdomInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Product Liability Risks And Market Globalization

    Globalization of industry has resulted in materials and components often being supplied from multiple markets across the world.
    CanadaConsumer Protection
    Theall Group LLP
    Theall Group LLP
  • Article

    Ontario Court Confirms Coverage For Windstorm

    In a recent decision of the Ontario Superior Court of Justice ("ONSC"), the court interpreted a policy in which there was coverage...
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    Court Of Appeal Confirms Plain Policy Language Applies Over Pragmatism

    The Ontario Court of Appeal released a brief decision on February 3, 2025, that underscores an important principle of insurance law: plain and undefined words are to be understood by their ordinary meanings.
    CanadaLitigation, Mediation & Arbitration
    Theall Group LLP
    Theall Group LLP
  • Article

    Prior Acts Exclusions Bar Claim Under Professional Liability Policy

    In Puri Professional Corporation v. Lloyd's Underwriters, an Ontario judge found that the underwriters of a professional liability policy (the "Underwriters")...
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    No Sanctions For Plaintiff That Intentionally Destroyed Allegedly Defective Product

    Product manufacturers claiming spoliation have not received much assistance from Canadian courts.
    CanadaConsumer Protection
    Theall Group LLP
    Theall Group LLP
  • Article

    Court Of Appeal Dramatically Restricts Application Of "Delay" Exclusion In E&O Policy

    The ONCA recently limited the application of a "delay" exclusion where damages awarded against the insured arose from two concurrent causes, notwithstanding that one of these causes was excluded from coverage.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP
  • Article

    The Hidden Lesson Of MDS: How To Obtain An Award For Commercial Prejudgment Interest In Ontario

    The Court of Appeal for Ontario has issued the highly anticipated decision in MDS Inc v Factory Mutual Insurance Company.
    CanadaInsurance
    Theall Group LLP
    Theall Group LLP

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