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Canadian National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada
  • Borden Ladner Gervais LLP
  • Canada
  • January 30 2009

On November 21, 2008, the Supreme Court of Canada found in favour of Canadian National Railway Company (CNR), allowing CNR’s appeal, and set aside the judgment of the Ontario Court of Appeal, restoring the trial judgment in CNR’s favour, including interest and costs, of approximately $40 million


After previous attempts failed, British Columbia is clearly now the latest health care cost recovery jurisdiction
  • Borden Ladner Gervais LLP
  • Canada
  • February 20 2009

The common law of damages in British Columbia is, generally speaking, that a plaintiff injured by the wrongful conduct of a negligent party can only recover for his or her actual loss


Homeowners liable to contractor in construction lien proceedings but not indemnified by their property insurer for additional costs under the guaranteed replacement cost endorsement of their policy
  • Borden Ladner Gervais LLP
  • Canada
  • May 10 2010

In TGA General Contracting v. Cirillo (October 15, 2009), the Ontario Superior Court of Justice gave judgment to a contractor (“TGA”) in construction lien proceedings for unpaid work and materials and concurrently dismissed the homeowners’ claim against their property insurer (“Wawanesa”) for those amounts pursuant to the guaranteed replacement cost (“GRC”) endorsement of their homeowner’s policy following fire damage to their home


A survey of some recent Ontario coverage cases
  • Borden Ladner Gervais LLP
  • Canada
  • May 10 2010

In Farmers’ Mutual Insurance Company v. Pinder (November 26, 2009), the Ontario Court of Appeal considered the issue of an insurer’s subrogation right against its own insured where it had paid out a mortgagee under a Standard Mortgage Clause (“SMC”


Class actions and the insurance industry
  • Borden Ladner Gervais LLP
  • Canada
  • September 1 2011

Class Action!


British Columbia Court of Appeal broadens CGL coverage for defective products
  • Borden Ladner Gervais LLP
  • Canada
  • September 1 2011

On April 12, 2011, the British Columbia Court of Appeal released its decision in Bulldog Bag Ltd. v. AXA Pacific Insurance Co


Sale of Goods Act defendants have some explaining to do: defect inferred, even in the face of spoliation
  • Borden Ladner Gervais LLP
  • Canada
  • September 1 2011

Some recent decisions from the Ontario courts in Muskoka Fuels v. Hassan Steel Fabricators Limited serve as reminders that liability can be found under the Sale of Goods Act even without the cause of the defect in the subject product being proven, and even though the plaintiff had lost the defective product before the defendant had an opportunity to inspect it


Do the new Ontario Civil Procedure Rules concerning experts govern accident benefit assesors?
  • Borden Ladner Gervais LLP
  • Canada
  • September 1 2011

The proper application of the new Rules of Civil Procedure (the Rules) on expert evidence is a matter of some controversy at the moment, reflected by the recent conflict between the decisions in Beasley v. Barrand (2010) and McNeil v. Filthaut (2011), which leaves undecided the question of whether accident benefit assessors are subject to the new Rules


Ontario Court of Appeal reinvigorates absolute pollution exclusion
  • Borden Ladner Gervais LLP
  • Canada
  • September 1 2011

On April 26, 2011, the Ontario Court of Appeal rendered its decision in ING Insurance Company of Canada vs. Miracle, overturning the lower court and adopting a contextual approach to its interpretation of the application of the absolute pollution exclusion


Assault while operating car is an ‘accident’ for purposes of statutory accident benefits, says Ontario SCJ
  • Borden Ladner Gervais LLP
  • Canada
  • October 17 2011

Michael Downer pulled into a gas station but needed to count his money before filling up