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Limitation Periods where a Defendant is Undertaking Ameliorative Efforts – The Latest Word from the Ontario Court of Appeal - photo
  • Commentaries

Limitation Periods where a Defendant is Undertaking Ameliorative Efforts – The Latest Word from the Ontario Court of Appeal

In Amelin Engineering Ltd. v Blower Engineering Inc.[1], the Ontario Court of Appeal clarified that although ameliorative efforts may toll a limitation period, the “modified objective test” under section 5(1)(b) of the Limitations Act, 2002[2] (the “Limitations Act”) continues to apply. Thus, even where a potential defendant is attempting to remedy a situation, discoverability remains … Continued

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

ONCA Clarifies Existing Jurisprudence Regarding the Disclosure of Settlement Agreements

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 wholesale and retail … Continued

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

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

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

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

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

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

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

Contractual Liability Exclusions: How Far do they Reach?

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

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