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Court of Appeal Rejects All Sums Approach to Long-Tail Claims - photo

Court of Appeal Rejects All Sums Approach to Long-Tail Claims

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

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The Courts clarify a condominium corporation’s obligations when a unit owner complains about noise from another unit owner - photo

The Courts clarify a condominium corporation’s obligations when a unit owner complains about noise from another unit owner

In August 2022, Justice Morgan, of the Ontario Superior Court of Justice, held that a unit owner had not been oppressed notwithstanding he was dissatisfied with steps taken by the condominium board to address his noise complaints. In January 2024, the Ontario Court of Appeal dismissed the unit owner’s appeal, upholding Justice Morgan’s decision.[1] This … Continued

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Creating a One-Sided Narrative Could Lead to a Punitive Damages Award against an Insurer - photo

Creating a One-Sided Narrative Could Lead to a Punitive Damages Award against an Insurer

Lessons from Baker v. Blue Cross   OVERVIEW Insurers should pay careful attention to the recent Ontario Court of Appeal decision in Baker v. Blue Cross Insurance Company of Canada. The Court’s decision upheld a significant jury verdict in the amount of $1,500,000 in punitive damages and approximately another $1,000,000 in full indemnity fees and … Continued

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ONCA Clarifies Coverage Chaos: G1 Driver Given Consent to use Father’s Vehicle on Highway they Mistakenly Believe to be Roadway, Injures Passenger on Completely Different Highway on Which he had No Permission to Travel - photo

ONCA Clarifies Coverage Chaos: G1 Driver Given Consent to use Father’s Vehicle on Highway they Mistakenly Believe to be Roadway, Injures Passenger on Completely Different Highway on Which he had No Permission to Travel

By Michael A. Valdez “This world’s a city full of straying streets” (and in this case, highways) -William Shakespeare and John Fletcher, The Two Noble Kinsmen Introduction In the 2023 Decision of Pridmore v. Drenth,[1] the Ontario Court of Appeal illuminates the complex issue of whether the mistaken belief that a highway is a road … Continued

Now is the Winter of Our Discontent: ONCA Settles How Long Winter Contractors Should Take to Apply Salt, Reiterates Duty of Care Separate from Contractual Duties - photo
  • Commentaries

Now is the Winter of Our Discontent: ONCA Settles How Long Winter Contractors Should Take to Apply Salt, Reiterates Duty of Care Separate from Contractual Duties

Now is the Winter of Our Discontent:[1] ONCA Settles How Long Winter Contractors Should Take to Apply Salt, Reiterates Duty of Care Separate from Contractual Duties By: Michael A. Valdez Introduction In the recent decision of Musa v. Carleton Condominium Corporation No. 255,[2] the Ontario Court of Appeal offers clear guidance as to how long a … Continued