The Ontario Court of Appeal in Intact Insurance Company v Zurich Insurance Company Ltd.[1] considered whether Intact Insurance (“Intact”) could recoup money it paid beyond its policy limits from parties other than its own insured, by direct action, for the clean up of a chemical spill. This case highlights that insurers, when viewed independently of … Continued
Overview Liability insurance policies can protect insureds against claims resulting from injuries and damage to other people or property.[1] In addition to indemnifying insureds, many liability insurance policies contain provisions requiring the insurer to defend certain types of lawsuits brought against the insured – otherwise known as the duty to defend.[2] This paper will (1) … Continued
It goes without saying that a traumatic or distressing event can cause somebody great stress and anxiety, even if it did not cause them physical injury. Such an injury is described in the case law as “nervous shock”. Nervous shock claims result from mental or psychiatric injuries which are sustained by a plaintiff as a … Continued
Commercial operations by nature often involve contracts, whether written or verbal. The commercial general liability (“CGL”) policy’s standard form wording contains a contractual liability exclusion. The exclusion is, on the one hand, often broadly worded. However, on the other hand, it contains exceptions which carve back the exclusion in scope. In particular, the clause often … Continued
By: Shadi Katirai and Michael Connolly Introduction Section 44(1) of Ontario’s Municipal Act[1] imposes a duty on municipalities to keep highways and bridges in a state of reasonable repair, while section 44(2) notes that municipalities that fail to do so are liable under the Negligence Act[2] for damages that people sustain because of that failure. … Continued
By Michael Valdez Introduction The Ontario Superior Court of Justice’s April 2022 decision in The Estate of Mary Fleury et al v. Olayiwola A. Kassim[1] is a noteworthy one. Not only does it provide a modern case study of the application of the common law principles surrounding delayed diagnosis, but it also provides new guidance … Continued
During the fall of 2020, when Ontarians were hunkering down for the second COVID-19 pandemic wave, the Ontario Superior Court of Justice released its decision in Kik Interactive Inc. v. AIG Insurance Company of Canada[1]. The Court was tasked with interpreting whether the respondent insurer’s securities exclusion worked to preclude coverage for cryptocurrency sales to … Continued
by Jacinthe Boudreau and Beryl Meng Though courts have intervened in the affairs of not-for-profit corporations to ensure compliance with corporate statutes and by-laws, courts generally do not intervene in the affairs of voluntary associations which are not corporations. In a unanimous judgment, Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral v. Aga, 2021 … Continued
In Currie v. Nylene Canada Inc., 2022 ONCA 209, the Ontario Court of Appeal upheld an award of a 26-month notice period on the basis of “exceptional circumstances”. Background The plaintiff, Diane Currie, brought an action against her former employer after she was terminated. Ms. Currie started working for her employer in September 1979. In … Continued
