Mondaq Canada: Insurance
Blaney McMurtry LLP
In the recent decision of CP Food & Beverage, Inc. v. United States Fire Insurance Company, the U.S. District Court for the District of Nevada held that coverage was not available under a crime policy.
Howie, Sacks & Henry
Every mistake has a cost.
Stikeman Elliott LLP
The Canadian Council of Insurance Regulators (CCIR) and the Financial Services Commission of Ontario (FSCO) have released finalized versions of their policies on the fair treatment of customers.
Dentons
Is it possible for a party not named in an insurance policy to be entitled to insurance proceeds under that policy?
Rogers Partners LLP
‘Threshold defensible' is a term often used in the world of insurance defense litigation to refer to a case whereby the alleged injuries claimed by the plaintiff, as a result of a motor vehicle accident, are unlikely to give rise to ...
McInnes Cooper
On October 11, 2018, the Nova Scotia Court of Appeal released its first decision considering the saving provision in Section 12 of Nova Scotia's new Limitations of Actions Act.
Strigberger Brown Armstrong LLP
The Divisional Court has confirmed that the limitation period set out in the Insurance Act and the SABS falls within the category of "hard" limitations periods, which are triggered by a fixed...
Alexander Holburn Beaudin + Lang LLP
In 2049390 Ontario Inc. v. Leung, 2018 ONSC 5759, the Ontario Superior Court of Justice considered whether or not a broker owes a duty to advise their clients to obtain an estimate of the cost of reconstruction ...
McLennan Ross LLP
Recently, Alberta's Court of Queen's Bench held a multi-peril contract of insurance did not cover damage sustained to the structural integrity of a parkade.
Miller Thomson LLP
The Ontario Court of Appeal recently ruled on the application of limitation periods in actions against insurers.
Blaney McMurtry LLP
Appeal from a trial judgment holding that the appellant, "M", as a former employee of Pitney Bowes, had no coverage for his claim under a Manulife LTD policy.
Clyde & Co
La prohibition de la consultation des tests génétiques sera-t-elle une parenthèse dans l'histoire législative canadienne, ou plutôt une prémisse pour l'instauration de régimes provinciaux au même effet?
Norton Rose Fulbright Canada LLP
On May 17, 2018, Justice Danye Daigle of the Superior Court of Québec dismissed a Wellington motion filed by LeProhon Inc. against its insurer, Federated Insurance Company of Canada (Insurer).
Borden Ladner Gervais LLP
In Nasr Hospitality Services Inc. v. Intact Insurance, 2018 ONCA 725, the Ontario Court of Appeal considered the application of the "appropriate means" element of the discoverability test under section 5(1)(a)(iv) of the Limitations Act, 2002, B (the Act).
Strigberger Brown Armstrong LLP
The recent decision of Van Huizen v. Trisura Guarantee Insurance Company, reinforces that Courts have little interest in protracted coverage battles between parties.
Howie, Sacks & Henry
But do you and your family really have adequate coverage.
Field LLP
The question facing organizations today is not if they will suffer a cyberattack but when.
Bennett Jones LLP
On September 5, 2018, the Ontario Court of Appeal released its decision in Fehr v. Sun Life Assurance Company of Canada.
Dentons
"Bad faith" generally has been defined by the Supreme Court of Canada ("SCC") as "conduct involving ‘malicious intent' or that ‘exceeds the limits of discretion reasonably exercised.'"
McCague Borlack LLP
With children just back to school, this article update is a timely reminder of the potential litigation that can arise for school boards, students, and parents over playground incidents.
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Blaney McMurtry LLP
In Atos IT Solutions v Sapient Canada Inc., the Court confirmed that the "minimum performance principle" places a common law limit on expectation damages for breach of contract.
Stikeman Elliott LLP
Canada's federal insurance sector prudential regulator, the Office of the Superintendent of Financial Institutions ("OSFI") recently released a landmark Discussion Paper ...
Fasken
The Discussion Paper follows a multi-year review by OSFI of reinsurance practices, and addresses a number of concerns OSFI has identified.
Blaney McMurtry LLP
As everyone will have heard by now, the Court of Appeal stayed Justice Belobaba's decision in Toronto (City) v. Ontario (Attorney General) in which he had determined that the government's plan to reduce the number of wards ...
Norton Rose Fulbright Canada LLP
For the first time, AIG also included statistics in its report on breach type by industry sector.
Bennett Jones LLP
On September 5, 2018, the Ontario Court of Appeal released its decision in Fehr v. Sun Life Assurance Company of Canada.
Field LLP
The question facing organizations today is not if they will suffer a cyberattack but when.
Minden Gross LLP
Since the 1970s, a series of three Supreme Court of Canada cases – commonly referred to as the "Trilogy" – has established a common law principle to assist landlords and tenants in allocating risk in...
Blaney McMurtry LLP
Appeal from a trial judgment holding that the appellant, "M", as a former employee of Pitney Bowes, had no coverage for his claim under a Manulife LTD policy.
Miller Thomson LLP
The Ontario Court of Appeal recently ruled on the application of limitation periods in actions against insurers.
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