1. OVERVIEW The appraisal process is an effective and efficient way to quantify a disputed claim under a policy of insurance. It provides an out-of-court mechanism through which qualified individuals can assess and measure the monetary value of a loss. While the commencement of a civil action does not itself preclude the right to trigger … Continued
When is a property owner entitled to replacement cost coverage? What qualifies as a replacement building? This paper will provide you with what the Ontario Court of Appeal has to say on these issues, as recently addressed in its decision Carter v. Intact Insurance Co.[1]. A Primer on the Basis of Valuation in a Property Policy Property … Continued
Overview In Saadati v. Moorehead, the Supreme Court of Canada considered the issue of whether evidence of a “recognizable psychiatric illness” is required to recover for mental injury. Before the Supreme Court’s decision in Saadati, lower courts required that plaintiffs show a recognizable psychiatric illness to recover for mental injury, though the view was not without its critics. … Continued
INTRODUCTION The two biggest questions for which we, as defence lawyers, are engaged are: “what is the liability” and “what are the damages”. Every case management or litigation plan is structured around these two questions. There are strategic assessments of them, separate spreadsheets to assess their intertwining influence, and budgets to assess the costs of answering … Continued
ABSTRACT How should business interruption valuation clauses be interpreted when a catastrophic event has impacted the business’ surrounding economy? Should it be based on historical data only? Cases in the United States have applied the valuation clauses inconsistently, which causes uncertainty and ultimately is to the detriment of both the insurers and the policyholders. This … Continued
A Further Discussion of Hold Harmless Agreements and Indemnity Provisions BRIEF INTRODUCTION The second portion of this paper discusses a number of decisions interpreting contractual hold harmless and indemnity provisions. The cases below are motion and application decisions, which primarily arise out of disputes between defendant property owners/occupiers and maintenance contractors. The cases are … Continued
NO HARM, NO FOUL: DEVELOPMENTS IN RELIEF FROM FORFEITURE By Murray Stieber and Caroline Gronke OVERVIEW Relief from forfeiture refers to the power of the court to protect a person against the loss of an interest or a right because of a failure to perform a covenant or condition in an agreement or contract. While … Continued
