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
Insights
& Commentary
Insights list
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
Ontario Court of Appeal Decides “Innocent Insured” Legislation Does Not Apply Retroactively
The Ontario Court of Appeal decided in a 3-0 decision that the newly enacted s.129.1 of the Insurance Act[1] does not apply retroactively to cover claims that were brought before the legislation came into force. s.129.1 of the Insurance Act On April 30, 2018, s.129.1 of the Insurance Act came into force, providing that: 129.1 … Continued
by Grace Murdoch
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
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
by Murray Stieber Chris Afonso
Nervous Shock Claims – Developments In Duty Of Care
It goes without saying that a traumatic or distressing event can cause somebody great stress and anxiety, even if it did not cause them physical injury. Such an injury is described in the case law as “nervous shock”. Nervous shock claims result from mental or psychiatric injuries which are sustained by a plaintiff as a … Continued
by Jessica DiFederico Christian Breukelman Grace Murdoch
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
by Avi Sharabi
ONSC Provides Commentary on Standard of Care for Anatomic Pathologists in Cases of Delayed Diagnosis
By Michael Valdez Introduction The Ontario Superior Court of Justice’s April 2022 decision in The Estate of Mary Fleury et al v. Olayiwola A. Kassim[1] is a noteworthy one. Not only does it provide a modern case study of the application of the common law principles surrounding delayed diagnosis, but it also provides new guidance … Continued
When are Unincorporated Associations Subject to Judicial Scrutiny? The Supreme Court Provides Answers
by Jacinthe Boudreau and Beryl Meng Though courts have intervened in the affairs of not-for-profit corporations to ensure compliance with corporate statutes and by-laws, courts generally do not intervene in the affairs of voluntary associations which are not corporations. In a unanimous judgment, Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral v. Aga, 2021 … Continued