By: Kayla Sager   The Ontario Court of Appeal’s decision in Stewart v. Bay of Quinte Mutual Insurance Co., 2024 ONCA 730 (“Stewart v. Bay of Quinte”), offers insights into the responsibilities of insurers, particularly in assessing the value of lost property, and managing risk. Stewart v. Bay of Quinte arose out of a dispute … Continued

By Zachary Sherman In Kestenberg Siegal Lipkus LLP v Royal & Sun Alliance Insurance Co of Canada, the Ontario Court of Appeal confirmed that relief from forfeiture is unavailable to insureds who fail to report a claim to their insurer under a “claims made and reported” policy. The decision also affirms that the language requiring … Continued

By: Kurt K. Pereira and Avi Sharabi[1] Overview On August 27, 2024, the Ontario Court of Appeal rendered its decision in Live Nation Ontario Concerts GP, Inc. v. Aviva Insurance Company of Canada, 2024 ONCA 634 (CanLII) (“Live Nation v. Aviva”). Live Nation v. Aviva arose out of a request for defence coverage by an … Continued

By Felisia Milana Introduction Municipalities are being kept on their toes with the recent Supreme Court of Canada (“SCC”) decision in R v Greater Sudbury (City).[1] The SCC held that owners of a construction project fall within the definition of an “employer” under the Occupation Health and Safety Act (“OHSA”)[2] and are subject to the … Continued

By: Dimitris Logothetis Introduction and Background It is a trite law of human nature that honesty is the best policy. And it is trite law, as in the actual law, that this is especially true for parties entering insurance agreements. In Davies v. AIG Insurance Company of Canada, 2024 ONCA 509,[1] the Ontario Court of … Continued

By: Caroline Swiderski Denman v. Radovanovic 2024 ONCA 276 Introduction It is expected that prior to any elective treatment, a physician owes a duty to the patient to provide adequate disclosure of risks.[1] This duty has been expanded over the years to include all advising doctors, even if they are not involved in the treatment … Continued

By: Thomas Russell A Review of the Recent Ontario Court of Appeal Decision in Kolapully v. Myles, 2024   Background In March of 2012, Shoba Kolapully was struck by a Toronto Transit Commission (“TTC”) bus, driven by Lynda Myles.[1] Kolapully commenced an action against Myles and the TTC for general and specific damages in 2013, … Continued

By: Michael A. Valdez Introduction The Supreme Court of Canada in Yatar v. TD Insurance Meloche Monnex[1] confirmed the courts have discretion to review administrative decisions. Insurers appearing before such administrative bodies and seeking to rely on administrative decisions ought to take note of this decision as it means that decisions of administrative bodies, such … Continued

A review of the Ontario Court of Appeal decision in Desrochers v. McGinnis, 2024 By: Thomas Russell Introduction This is a case of a horrible all-terrain vehicle accident that resulted in a life changing injury for a young woman. The resulting litigation required the Court of Appeal to rule on liability of both the owner … Continued

Overview and Executive Summary So-called “long-tail claims”, i.e. claims where the alleged damage spans a number of years, pose various coverage challenges for insurers and policyholders. On February 27, 2024, the Ontario Court of Appeal released its decision in Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145 (CanLII) … Continued