Insights
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ONCA Clarifies Existing Jurisprudence Regarding the Disclosure of Settlement Agreements - photo
  • Commentaries

ONCA Clarifies Existing Jurisprudence Regarding the Disclosure of Settlement Agreements

By Landan Peleikis Introduction The Ontario Court of Appeal’s decision in Poirier v. Logan[1] serves as a stark reminder of the detrimental consequences that result from failing to immediately disclose settlement agreements to non-settling parties. Background The respondents, Jeremy Logan and Morey Chaplick owned the respondent M.C. Capital Corp. (“M.C. Capital”). M.C. Capital ran a … Continued

Chemical Spills and Remediation Costs: Can an Insurer Directly Recover for Remediation Costs under the Environmental Protection Act? - photo

Chemical Spills and Remediation Costs: Can an Insurer Directly Recover for Remediation Costs under the Environmental Protection Act?

By: Lujza Csanyi 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 … Continued

Duty to Defend: Underlying Framework and Judicial Approaches in Duty to Defend Applications - photo

Duty to Defend: Underlying Framework and Judicial Approaches in Duty to Defend Applications

By: Murray Stieber, Chris Afonso, Landan Peleikis 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 … Continued

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Contractual Liability Exclusions: How Far do they Reach? - photo

Contractual Liability Exclusions: How Far do they Reach?

By: Avi Sharabi and Lujza Csanyi 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 … Continued

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Municipal Road Disrepair and Motor Vehicle Accidents:  Does Driver Conduct Matter? - photo
  • Publications

Municipal Road Disrepair and Motor Vehicle Accidents: Does Driver Conduct Matter?

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

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