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ARTICLE · 07 NOVEMBER 2014

Underlying Acts Important On Aggregation Question

Clyde & Co
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Roderic McLauchlan and Avraham Sharabi of Clyde & Co discuss a recent Canadian case laying down a test for aggregation.

United StatesInsurance
Roderic McLauchlan
Roderic McLauchlan
Avraham Sharabi
Avraham Sharabi
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Roderic McLauchlan and Avraham Sharabi of Clyde & Co discuss a recent Canadian case laying down a test for aggregation.

Questions of aggregation arise frequently in professional liability matters, but surprisingly there are few Canadian authorities on this issue. However, the Ontario Court of Appeal recently provided guidance on the proper analysis in Simpson Wigle Law LLP v Lawyers' Professional Indemnity Company (2014), a case which has ramifications for professional indemnity and liability contracts generally.

The defendant lawyers (Simpson) faced a claim by the trustees of the estate of a deceased client. The proceedings arose from estate planning and executory legal services provided in respect of two brothers: Angelo and Frank Agro.

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