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
By Michael A. Valdez Introduction Legal arguments over the meaning of a single term may seem like little more than semantic squabbles to those unfamiliar with insurance law. However, small interpretative disputes are often at the center of high-value insurance claims. The analysis of these disputes frequently determines whether the case ends in a big … Continued
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
A Recent Decision by the Ontario Court of Appeal Provides Guidance on the Responsibility of Occupiers for Natural Hazards on their Premises By: Thomas Russell A recent decision by the Ontario Court of Appeal in Lyng v. Ontario Place Corporation, 2024 provides useful guidance on the responsibility of occupiers for natural hazards on their premises.[1] … Continued
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
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
