December 02, 2021
Click here for the Fall 2021 edition of our newsletter, In|Sight! The newsletter contains the following topics: Winter is Coming: The Supreme Court of Canada on Government Immunity for Policy Decisions and its Application to Snow Removal Insurer Examinations – When is Another Examination Appropriate? Wait, Is it An Accident? The Close Proximity of a […]
September 08, 2021
By Natalia Sheikh The recent Court of Appeal decision in MDS Inc. v Factory Mutual Insurance Company discusses the interpretation of standard form insurance contracts and coverage in all-risk policies.[1] Background In MDS, the insurer appellant, Factory Mutual Insurance Company (“FM Global”), issued an all-risk insurance policy (“the Policy”) to MDS Inc., a global health […]
August 24, 2021
By Alon Barda There has been much confusion regarding the applicability of s.7 of the Licence Appeal Tribunal Act[1] (the “LAT Act”) in recent years. This was finally put to rest with the recent Divisional Court decision of Fratarcangeli v. North Blenheim Mutual Insurance Company[2]wherein it was held that the Licence Appeal Tribunal (the “LAT”) […]
August 23, 2021
By Alon Barda and Natalia Sheikh The Ontario Court of Appeal’s decision in Rooplal v. Foder, 2021 ONCA 357 addresses the time period that applies in unidentified motorist claims pursuant to s. 265 of the Insurance Act[1] and Uninsured Automobile Coverage, R.R.O. 1990, Reg. 676 (“Regulation 676”). Facts The plaintiff was injured while riding a […]
August 19, 2021
By Brian Sunohara Every litigator needs to be familiar with the rule in Browne and Dunn. In Goruk v. Greater Barrie Chamber of Commerce, 2021 ONSC 4046, the court went over the principles of this rule. Overview of the Rule The rule in Browne and Dunn requires a cross-examining lawyer to confront a witness with […]
August 16, 2021
The Summer 2021 edition of our newsletter, In|Sight, is here! We hope you find the following topics to be of interest: New High-Water Mark for Loss of Care, Guidance & Companionship Damages; No Duty of Care Between Employer and Family Members of Deceased Employee; The Rule in Browne and Dunn; Avoiding Costly Cancellations of Defence […]
