We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results:1-10 of 24

Ontario Court of Appeal: Expert evidence required in professional negligence claims
  • Clyde & Co LLP
  • Canada
  • August 2 2018

Unless a motion is brought at an early stage or it is obvious that the professional's conduct fell short of the standard of care, a court will


Ontario Court of Appeal: mortgagors have no interest in mortgagees’ insurance policies
  • Clyde & Co LLP
  • Canada
  • June 1 2018

The Ontario Court of Appeal has ruled that an insurance policy providing coverage solely to a mortgagee does not also protect a mortgagor's interest


Clarity at last on discovery of claims for contribution and indemnity
  • Clyde & Co LLP
  • Canada
  • May 18 2018

The Court of Appeal for Ontario has held that the discovery provisions of the Limitations Act, 2002 determine the commencement of the limitation


Ontario Court of Appeal provides guidance on interpretation of “uninsured automobile”
  • Clyde & Co LLP
  • Canada
  • May 18 2018

The Ontario Court of Appeal has ruled that under the province’s regime an automobile owned by or registered in the name of the insured or his or her


Ontario Court of Appeal: Insurers lose subrogation rights when insureds assign into bankruptcy
  • Clyde & Co LLP
  • USA, Canada
  • March 29 2018

Weighing in at the intersection of bankruptcy law and the doctrine of subrogation, the Ontario Court of Appeal has ruled that insurers are not


Ontario Appeal Court Decides Appropriate Standard of Review for SABS Arbitral Decisions
  • Clyde & Co LLP
  • Canada
  • February 6 2018

The standard of review applicable of SABS arbitral decisions arising from the statutory accident benefits regime under the Insurance Act is


Forum shopping: arbitration provisions and an “action against insurer” clause
  • Clyde & Co LLP
  • Canada, Global
  • January 16 2018

The Ontario Court of Appeal has declared that the proper effect to be given to international insurance agreements containing both an arbitration


Top Canadian insurance rulings from 2017
  • Clyde & Co LLP
  • Canada
  • December 21 2017

In 2017, there were a number of Canadian court rulings that will have an impact on the landscape of insurance litigation in the years ahead. Here is a


Your mistake, not mine: The obligation of an insured in a subrogation claim
  • Clyde & Co LLP
  • Canada
  • December 6 2017

In a recent judgment the Ontario Court of Appeal held that an insured is not statutorily or contractually obligated to include an insurer's subrogated


Holding the police to a promise of confidentiality
  • Clyde & Co LLP
  • Canada
  • January 20 2017

Police officers may be held liable for substantial damages where the identity of a tipster is revealed in breach of a promise of confidentiality