January 05, 2023
By Michael Kryworuk The case of Searles v. Economical Insurance, 2022 ONSC 7217, involves a dispute between the applicant homeowners and their insurer, Economical, regarding a request for reimbursement of defence costs. The applicants provided notice of an action almost seven years after the commencement of the action. History of the Litigation The applicants sold […]
October 05, 2022
By Natalia Sheikh The Ontario Court of Appeal recently released a decision in Optiva Inc. v. Tbaytel, 2022 ONCA 646, upholding an application judge’s arising from an arbitration involving a breach of contract claim. One of the main issues in dispute was whether the arbitrator had jurisdiction to hear and decide a summary judgment motion. […]
September 09, 2022
An article by Meryl Rodrigues, “Court of Appeal Upholds Coverage Denial for Intrusion Upon Seclusion“, has been published in Canadian Journal of Insurance Law. The article addresses an appeal of a duty to defend action commenced by a nurse against a commercial liability insurer. The nurse had wrongfully accessed the records of more than 11,000 […]
August 10, 2022
By Annie Levanaj The Court of Appeal’s decision in Yatar v. TD Insurance Meloche Monnex, 2022 ONCA 446, provides guidance on how judicial review should be dealt with when a statutory right to appeal also exists. It also reinforces the importance of limitation periods and ensuring claims are commenced in a timely matter in the […]
July 28, 2022
An article by Athina Ionita on the exclusive jurisdiction of the Licence Appeal Tribunal over statutory accident benefits disputes has been published in Ontario Accident Benefit Case Summaries, a LexisNexis publication. The article can be found here.
July 13, 2022
By Natalia Sheikh Overview When an insured has more than one insurance policy which each contain “other insurance” clauses, disputes sometimes arise over whether only one insurer has to respond to a loss, or whether multiple insurers have to respond. This was the situation in Northbridge General Insurance Company v. Aviva Insurance Company, 2022 ONCA […]
