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
Insights
& Commentary
Insights list
SCC: Limited Statutory Rights of Appeal Do Not Preclude Judicial Review for Unaddressed Questions
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
Court of Appeal Rules on Liability of Owners and Operators in Handing Over Control of a Vehicle
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
by Thomas Russell
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
by Murray Stieber Avi Sharabi
Duelling Definitions: The Meaning of the Term “Law” in Insurance Policy Interpretation
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
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
by Avi Sharabi
Finding the Line for Occupier’s Liability: Responsibility of Occupiers for Natural Hazards on their Premises
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
by Thomas Russell
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
COVID-19 Fails to Constitute “Direct Physical Loss or Damage” at Court of Appeal
A Review of the 2023 Ontario Court of Appeal Decision in SIR Corp. v. Aviva Insurance Company of Canada By: Thomas Russell Background As the world struggles to recover from the effects of the COVID-19 pandemic, one question that has been gaining some attention in the world of insurance is: in what circumstances did COVID-19 … Continued
by Thomas Russell