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 165

Misrepresentation Must Be Material and not Based on Mere Speculation
  • Borden Ladner Gervais LLP
  • Canada
  • May 23 2017

This case involved an appeal by C.H. Robinson Worldwide Inc. ("Robinson") for the dismissal of its application brought pursuant to s. 132 of the


Hoang v Vincentini: A Cautionary Tale on the Issue of Costs and the Implications on All Parties Involved
  • Borden Ladner Gervais LLP
  • Canada
  • November 17 2016

This action arises as a result of a motor vehicle accident that occurred on August 6, 2004 when the then-six year old plaintiff, Christopher Hoang


Advance payments in Alberta
  • Borden Ladner Gervais LLP
  • Canada
  • January 22 2015

On November 24, 2014, the Alberta Court of Appeal released its decision in Shannon v 1610635 Alberta Inc, 2014 ABCA 393 “Shannon”. The decision


No privilege in information derived from ATI request
  • Borden Ladner Gervais LLP
  • Canada
  • February 1 2013

Karen Bennett's house was destroyed by fire. State Farm, her insurer, denied coverage on the grounds that the house had been left vacant for more


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


Precedent setting case: standard exclusion in course of construction insurance policy interpreted for first time
  • Borden Ladner Gervais LLP
  • Canada
  • August 25 2014

On August 19, 2014, Mr. Justice Skolrood of the British Columbia Supreme Court issued reasons in Acciona Infrastructure Canada Inc. v. Allianz Global


Superior Court Affirms Municipality's Right to Counsel of their Choosing
  • Borden Ladner Gervais LLP
  • Canada
  • June 7 2017

A recent decision by the Superior Court confirms an insurer's duty to defend a municipality and the municipality's right to appoint and instruct


The OCA exercises broad discretion in granting an insured relief from forfeiture
  • Borden Ladner Gervais LLP
  • Canada
  • February 27 2014

The recent Ontario Court of Appeal decision, Kozel v. The Personal Insurance Company, addressed the availability of relief against forfeiture in the


Appeal order in Scarlett v. Belair Insurance Co. issued
  • Borden Ladner Gervais LLP
  • Canada
  • December 5 2013

On November 28, 2013 FSCO's Director's Delegate rendered the much awaited Appeal Order in Scarlett v. Belair Insurance Co. (2013 O.F.S.C.D. No. 42


Supreme Court clarifies the test for use and operation of motor vehicles in the third party context
  • Borden Ladner Gervais LLP
  • Canada
  • October 19 2007

In two unanimous decisions released October 19, 2007, the Supreme Court has reversed the majority position of the Ontario Court of Appeal in Herbison and Vytlingam and concluded that the use of the words “directly or indirectly” in section 239 (1) of the Insurance Act and the Family Protection Endorsement OPCF 44R does not eliminate the requirement of an unbroken chain of causation