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Ontario Court of Appeal decision in Boyce v. Cooperators General Insurance Company

Borden Ladner Gervais LLP
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Canada
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May 9 2013

Attached below is a link to yesterday's Ontario Court of Appeal decision in Boyce v. Cooperators General Insurance Company which is the first

Punitive damages update

Borden Ladner Gervais LLP
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Canada
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April 15 2013

You know things haven't gone well for the insurers when the judge describes them as 'two major worldwide insurance compies who were determined to

Supreme Court of Canada affirms vicarious liability of leasing companies in motor vehicle accidents involving leased vehicle with option to purchase

Borden Ladner Gervais LLP
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Canada
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November 16 2007

The Supreme Court of Canada has confirmed that under British Columbia law finance companies may be vicariously liable for motor vehicle accidents when they finance a consumer’s acquisition of a motor vehicle through a “lease with an option to purchase” instead of a “contract of conditional sale”

Limitation period of claim against maintenance contractor affected by discoverability of involvement

Borden Ladner Gervais LLP
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Canada
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April 5 2011

In the recent decision of Safai v. Bruce N. Huntley Contracting Ltd., the Ontario Court of Appeal (August, 2010) considered the application of limitation periods and the “discoverability rule” in relation to a slip and fall accident that resulted in claims involving both a property owner and a maintenance contractor

Law firm event gone wrong

Borden Ladner Gervais LLP
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Canada
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February 27 2013

There was what Newbury JA of the BC Court of Appeal called 'a very unfortunate turn of events' at a social function for associates and students of a

Ontario limitations update: transitioning claims for contribution and indemnity

Borden Ladner Gervais LLP
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Canada
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September 9 2009

The recent decision of the Court of Appeal for Ontario in Placzek v. Green (January 2009) interpreted for the first time the transition provisions under Ontario’s new Limitations Act as they relate to claims for contribution and indemnity

Rejection of “time on risk” for allocation of defence costs

Borden Ladner Gervais LLP
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Canada
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August 29 2012

In the recent insurance decision in Lombard Insurance Company v. 328354 B.C. Ltd. (2012), the British Columbia Supreme Court determined that a liability insurer was required to cover all defence costs of an insured, even though the time period in which the damage was alleged to have occurred extended for a long period after the expiry of coverage

Crime never pays? Proceeds of insurance policy paid to husband found not criminally responsible for the murder of his wife

Borden Ladner Gervais LLP
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Canada
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August 29 2012

There is a general public policy rule followed by Canadian and American courts which prohibits a person from benefiting from his or her own criminal act

Exclusion of liability clauses

Borden Ladner Gervais LLP
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Canada
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September 9 2009

In Cejvan v. Blue Mountain Resorts (2008), the Ontario Superior Court of Justice considered the enforceability of unsigned exclusions of liability

Pollution exclusion clauses update: two recent decisions

Borden Ladner Gervais LLP
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Canada
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April 5 2011

Two recent decisions add to the jurisprudence considering the application of pollution exclusion clauses

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