Articles: 1-10 of 96
Saskatchewan Court of Appeal confirms proof of a material change in risk requires strong evidentiary foundation
Canada - July 25 2023 Wynward Insurance Group v Smith Building and Development Ltd, 2023 SKCA 57 highlights significant considerations for insurers who are considering…
Alberta Court of Appeal reduces damage award to account for insured’s actual loss
Canada - July 12 2023 In Shelter Canadian Properties Limited v Aviva Insurance Company of Canada, 2023 ABCA 74, the Alberta Court of Appeal reduced an indemnity payment for…
Ontario Court of Appeal affirms that the “true nature of a claim” will impact duty to defend
Canada - May 31 2023 In Butterfield v Intact Insurance Company, 2023 ONCA 246, the Ontario Court of Appeal affirmed that Intact Insurance Company (“Intact”) did not have…
British Columbia Court of Appeal upholds implied undertaking of confidentiality
Canada - May 25 2023 In the recent case of Association of Professional Engineers and Geoscientists of the Province of British Columba v. Engineer X, 2023 BCCA 211, the…
Litigation privilege: A recent review by the Superior Court of Quebec
Canada - April 26 2023 In insurance matters, litigation privilege is a frequent principle of law raised by litigators to deny the disclosure of documents. On February 2…
Court of Appeal looks to true nature of claim in duty to defend application
Canada - April 6 2023 The Court of Appeal’s recent decision in Ontario v St. Paul Fire and Marine Insurance Company (2023 ONCA 173) revisits the duty to defend that all…
How “Guaranteed” is Guaranteed Replacement Cost? The Ontario Superior Court weighs in
Canada - December 8 2022 One of the most important decisions homeowners have to make in purchasing their insurance is whether to seek “Guaranteed Replacement Cost” or “GRC”…
BC Supreme Court determines whether a third-party claim can be commenced by way of a separate notice of civil claim
Canada - November 15 2022 In Prime Time (Abby Lane) Inc. v. DGBK Architects, 2022 BCSC 1799 (“Prime Time”), the BC Supreme Court answered the long-standing question of whether…
British Columbia Court of Appeal clarifies the test for civil fraud in the insurance law context
Canada - November 3 2022 In Singh v Insurance Corporation of British Columbia, 2022 BCCA 320, the BC Court of Appeal reaffirmed the test for civil fraud in the insurance law…
Two insurers, a mutual policyholder, and the duty to defend
Canada - October 27 2022 In AIG Insurance Company of Canada (“AIG”) v Lloyd’s Underwriters (“Lloyd’s”) (2022 ONCA 699), the Ontario Court of Appeal was tasked with answering…
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