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Miller Thomson LLP
Recently, in the context of an alleged "shaken baby" claim, the Supreme Court of British Columbia considered whether an insurer had a duty to defend a claim against its insured arising from allegations framed in both negligence and assault.
McCarthy Tétrault LLP
Le Québec s'est toujours distingué des autres provinces canadiennes en ce qui concerne l'obligation de défendre. L'article 2503 du Code civil du Québec prévoit en effet que l'assureur doit prendre...
On September 9, 2021, the Financial Services Regulatory Authority of Ontario (FSRA) released proposed guidance for life insurance agents' reporting requirements and insurers'...
Gluckstein Personal Injury Lawyers
Following a motor vehicle accident in 2013, Danay Suarez submitted an Application for Accident Benefits under the Statutory Accident Benefits Schedule – Effective September 1, 2010, O. Reg. 34/10 (the "Schedule")...
Clark Wilson LLP
Recently in Drechsler v. Canadian Northern Shield Insurance Company, 2021 BCSC 1673, the BCSC had the opportunity to consider a fresh argument when determining whether the failure to disclose a material change in risk would void the policy.
Gowling WLG
On Feb. 21, 2006, MDS agreed to buy radioisotopes from Atomic Energy of Canada Limited, to be produced at the Nuclear Research Universal reactor.
Osler, Hoskin & Harcourt LLP
Canada announced its expanded sanctions on the one-year anniversary of the Belarusian presidential elections held on August 9, 2020.
Lenczner Slaght LLP
On September 3, 2021, the Ontario Court of Appeal ("ONCA") released its decision in MDS Inc v Factory Mutual Insurance Company, which considered the proper interpretation of corrosion exclusions and resulting damage
Strigberger Brown Armstrong LLP
In the wake of COVID-19, several class action lawsuits emerged against various insurers in Canada with respect to the scope of business interruption coverage.
Strigberger Brown Armstrong LLP
In a recent LAT decision, the adjudicator was unfavorably "shocked" at an insurer's conduct toward its insured. Let's talk about what went so terribly wrong in this motion to dismiss an application.
Blaney McMurtry LLP
Blaneys' Partner, Dennis Tobin, was a speaker on a webinar entitled, "How the ESG (Environmental, Social & Governance) agenda will revolutionise the insurance industry", hosted by Insurance Law Global on March 22, 2021.
Rogers Partners LLP
The recent License Appeal Tribunal decision in Amoh v. Pembridge Insurance, 2021 ONLAT 20-001280/AABS, addresses the issue of whether an applicant is barred from commencing a proceeding against...
Scott Venturo Rudakoff LLP
The Ontario Superior Court recently addressed the evidence required to overcome the presumption of a duty to defend in the context of a liability insurance policy.
The Ontario Court of Appeal recently released its decision in MDS Inc. v Factory Mutual Insurance Company (MDS) providing broadly awaited clarity on the scope of the term "physical damage"...
Rogers Partners LLP
The recent Court of Appeal decision in MDS Inc. v Factory Mutual Insurance Company discusses the interpretation of standard form insurance contracts and coverage in all-risk policies.
Borden Ladner Gervais LLP
La principale question était donc celle de savoir si ces prétentions pouvaient enclencher la protection d'assurance en vertu du libellé des polices souscrites au Québec.
Clark Wilson LLP
Bars and restaurants or commercial hosts who serve alcohol to customers owe a duty of care not only to customers but to third parties that an overserved customer later injures while driving on the road.
Theall Group LLP
The Court of Appeal for Ontario has issued the highly anticipated decision in MDS Inc v Factory Mutual Insurance Company.
Miller Thomson LLP
Il y a 25 ans, l'affaire Louis Champagne radiomutuel inc. établissait le droit d'une partie qui souhaite intenter un recours contre l'assureur de la partie adverse d'obtenir copie de sa police d'assurance.
Borden Ladner Gervais LLP
In a previous article, BLG wrote about proposed class actions brought against 15 auto insurers and the insurers' government regulator, the Financial Services Commission of Ontario...
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