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Results: 1-10 of 152

Ontario Court of Appeal decision in Boyce v. Cooperators General Insurance Company
  • Borden Ladner Gervais LLP
  • Canada
  • 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


Post July 1, 2010 changes in disclosure obligations in British Columbia actions
  • Borden Ladner Gervais LLP
  • Canada
  • April 5 2011

British Columbia joined a number of jurisdictions in extensively revisiting its Supreme Court Rules this past year


“Marijuana” exclusion upheld on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • April 5 2011

In our Spring, 2010 edition, we noted the February 22, 2010 decision of the Ontario Superior Court of Justice in Pietrangelo et al. v. Gore Mutual Life Ins. Co., wherein the court considered, for the first time in Canada, the operation of a “marijuana” exclusion under a rental property policy for direct or indirect loss or damage, in whole or in part, to “dwellings or detached private structures or unscheduled personal property used in whole or in part for the cultivation, harvesting, processing, manufacture, distribution or sale of marijuana or any product derived from or containing marijuana regardless of any other cause or event that contributes concurrently or in any sequence to the loss or damage”


Progressive Homes v. Lombard General Insurance Company of Canada
  • Borden Ladner Gervais LLP
  • Canada
  • April 5 2011

The Supreme Court of Canada’s decision in Progressive Homes v. Lombard General Insurance Company of Canada (September, 2010), now represents the leading decision on the issues of “property damage”, “occurrence” or “accident”, and the scope of work performed exclusions in commercial general liability (CGL) policies


Limitation period of claim against maintenance contractor affected by discoverability of involvement
  • Borden Ladner Gervais LLP
  • Canada
  • 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


Kusnierz v. Economical Mutual Insurance Company (Ontario Court of Appeal decision released on December 23, 2011)
  • Borden Ladner Gervais LLP
  • Canada
  • January 4 2012

On December 23, 2011, the Ontario Court of Appeal brought clarity to the long debated issue of how catastrophic impairments should be determined for seriously injured individuals whose injuries do not fall under one of the six “specific” categories under subsection 2(1.1) of the Statutory Accident Benefits Schedule Accidents on or after November 1, 1996 3 (“SABS”


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


Ontario Superior Court considers what constitutes a “dependant” under the SABS
  • Borden Ladner Gervais LLP
  • Canada
  • January 13 2014

The recent Ontario Superior Court of Justice decision in State Farm v. Bunyan (2013 ONSC 6670) examines the issue of whether the respondent ("Mr


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