Insights
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Insights list

When Cryptocurrencies and Insurance Policies collide – The D&O Securities Exclusion in the Blockchain Age - photo
  • Publications

When Cryptocurrencies and Insurance Policies collide – The D&O Securities Exclusion in the Blockchain Age

During the fall of 2020, when Ontarians were hunkering down for the second COVID-19 pandemic wave, the Ontario Superior Court of Justice released its decision in Kik Interactive Inc. v. AIG Insurance Company of Canada[1]. The Court was tasked with interpreting whether the respondent insurer’s securities exclusion worked to preclude coverage for cryptocurrency sales to … Continued

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The Court of Appeal Reconciles Conflicting Indemnity and Covenants to Insure: There is no Legal Rule that a Covenant to Insure necessarily bars Litigation - photo
  • Publications

The Court of Appeal Reconciles Conflicting Indemnity and Covenants to Insure: There is no Legal Rule that a Covenant to Insure necessarily bars Litigation

The Court of Appeal’s latest word on tort immunity is a good reminder of the importance of proper contractual interpretation, particularly where covenants to insure and indemnity obligations conflict with each other. Tort immunity refers to both covenants to insure and waivers of subrogation that prevent one party (or its insurer through a subrogated action) … Continued

One Year Later: Looking Back at Louis v Poitras - photo
  • Publications

One Year Later: Looking Back at Louis v Poitras

In January 2021, the Ontario Court of Appeal released Louis v Poitras,[1] the now definitive case on striking civil jury trials during the COVID-19 pandemic. Poitras was the culmination of the onslaught of motions to strike civil juries due to prejudice arising from pandemic-related delay. In a concise and strong decision, the Ontario Court of … Continued

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Conducting Virtual Examinations - photo
  • Publications

Conducting Virtual Examinations

COVID-19 and the public health response to the global pandemic has had a significant impact on the conduct of civil litigation in Ontario and elsewhere.  The Ontario Superior Court of Justice has encouraged all regions to adopt virtual proceedings wherever possible.  It has requested that counsel and parties accommodate requests made by opposing counsel or … Continued

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Discovering a Policy Breach Late in Litigation: Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada 2021 SCC 47 - photo
  • Publications

Discovering a Policy Breach Late in Litigation: Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada 2021 SCC 47

In the recent decision, Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada, the Supreme Court of Canada considered the application of promissory estoppel in the insurance context. Specifically, the Court considered whether an insurer was estopped from denying coverage because it had already provided a defence, before it … Continued

HRTO Update:  Denying Services to a COVID-19 Positive Patient is not Discriminatory - photo
  • Publications

HRTO Update: Denying Services to a COVID-19 Positive Patient is not Discriminatory

In the recent decision of Jacobs v. MyHealth Centre, 2021 HRTO 1009, the Human Rights Tribunal of Ontario (“HRTO”) concluded that the denial of services to a patient who was presumptively positive with COVID-19 did not amount to discrimination under the Ontario Human Rights Code (“the Code”) Background Facts The Applicant, Steven Jacobs, attended the … Continued

It’s Time for Appellate  Courts to Weigh In on Honoraria for Representative Plaintiffs in Class Actions - photo
  • Publications

It’s Time for Appellate Courts to Weigh In on Honoraria for Representative Plaintiffs in Class Actions

Honoraria have traditionally been available to representative plaintiffs in class actions in Ontario where the plaintiff has “gone well above and beyond the call of duty.”[1] In Smith Estate v National Money Mart Company,[2] the Ontario Court of Appeal upheld the motion judge’s decision to grant a $3,000 honorarium because the representative plaintiff’s contributions to … Continued

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