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Results: 1-10 of 372

Applications for leave to appeal dismissed - 19 May 2016
  • Gowling WLG
  • Canada
  • May 19 2016

Police observed the applicant driving a convoluted route in tandem with a truck to an apartment building and parked in front. The applicant used a


Insurance: The cost of imminent environmental perils
  • Clyde & Co LLP
  • Canada
  • May 10 2016

When will an expanding plume of heating oil be considered an imminent peril? The Nova Scotia Court of Appeal recently confronted this slippery


Garden View Restaurant Ltd. v. Portage La Prairie Mutual Insurance Co
  • Harper Grey LLP
  • Canada
  • April 19 2016

An insured landowner's appeal seeking insurance coverage for remediation costs resulting from an oil spill on its property was dismissed. 2016 N.S


Precision plating part II: British Columbia Court of Appeal restores effect of absolute pollution exclusion
  • Miller Thomson LLP
  • Canada
  • September 19 2015

In 2014, the British Columbia Supreme Court, in Precision Plating Ltd. v. Axa Pacific Insurance Company, 2014 BCSC 602, held that a purportedly


Pollution resulting from fire is not “pollution”, says BC court
  • Miller Thomson LLP
  • Canada
  • November 27 2014

Virtually every modern CGL policy contains some variation of the "absolute pollution exclusion", which eliminates or severely restricts coverage for


Breton Petroleum Ltd. v. Aviva Insurance Co. of Canada
  • Harper Grey LLP
  • Canada
  • August 22 2014

Absolute pollution exclusion in commercial general liability policy precluded coverage for a claim arising from a spill of home heating oil. 2014 N


The duty to defend and letters from the MOE
  • Miller Thomson LLP
  • Canada
  • January 16 2013

An insurer's duty to defend claims is broader than its duty to indemnify.It is well established law in Canadathat the determination of a duty to


Does an insurer’s duty to defend apply if the insured complies with an environmental investigation?
  • McCarthy Tétrault LLP
  • Canada
  • August 16 2012

The scope of an insurer’s duty to defend is a crucial issue in relating to any liability insurance policy, particularly those applying to building projects


Ontario Court of Appeal clarifies application of pollution exclusion clauses in commercial general liability policies
  • Osler Hoskin & Harcourt LLP
  • Canada
  • June 30 2011

In ING Insurance Company of Canada v. Miracle (Mohawk Imperial Sales and Mohawk Liquidate), 2011 ONCA 321, the Ontario Court of Appeal held that a “Pollution Liability” exclusion clause in a Commercial General Liability (CGL) insurance policy will apply where the insured participated in an activity that posed a known risk of pollution and environmental damage


Pollution exclusion in CGL policies: Ontario Court of Appeal addresses the issue
  • Norton Rose Fulbright Canada LLP
  • Canada
  • June 8 2011

The Court of Appeal for Ontario’s recent ruling in ING v. Miracle clarifies the interpretation to be given to pollution liability exclusion clauses contained in commercial general liability insurance policies (commonly referred to as CGL policies) by clearly asserting that the principle of interpretation developed by a body of American case law whereby exclusion is limited to “active polluters” does not apply in Canada