Articles

About Articles The following articles are published by the Insurance Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: Sudevi Mukherjee‐Gothi and Tracey Hamilton

Today
Today

SCC: Limited Statutory Rights of Appeal Do Not Preclude Judicial Review for Unaddressed Questions

  • April 05, 2024
  • Michael A. Valdez, Stieber Berlach LLP

The recent decision of Yatar v. TD Insurance Meloche Monnex brings a much-needed addition to the caselaw pertaining to the proper approach for judicial review of administrative decisions. While a court does have discretion to hear an application for judicial review and decide issues on the merits, including whether to deny relief, this discretion does not extend to declining consideration of the application for judicial review altogether.

Insurance Law, Student Forum

Failed Third Party Claim Against Disability Insurer

  • March 27, 2024
  • Tracey L. Hamilton

Third party claims are intricately connected to allegations pleaded in the statement of claim. When a plaintiff does not claim damages from anyone other than the defendant, the defendant cannot pursue a claim for contribution and indemnity. An employer may find themselves unable to pursue a third party claim against a disability benefits provider when the plaintiff seeks recovery for disability benefits in the context of a wrongful termination action.

Insurance Law, Student Forum

Court of Appeal Rejects All Sums Approach to Long-Tail Claims

  • March 06, 2024
  • Murray Stieber and Avi Sharabi

So-called “long-tail claims”, i.e. claims where the alleged damage spans a number of years, pose various coverage challenges for insurers and policyholders. On February 27, 2024, the Ontario Court of Appeal released its decision in Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145 (CanLII) (“Loblaw”), where it tried to bring some clarity to some of the material coverage issues that arise with these types of claims.

Insurance Law, Student Forum

Duelling Definitions: The Meaning of the Term “Law” in Insurance Policy Interpretation

  • February 29, 2024
  • Michael A. Valdez, Stieber Berlach LLP

Legal arguments over the meaning of a single term may seem like little more than semantic squabbles to those unfamiliar with insurance law. However, small interpretative disputes are often at the center of high-value insurance claims. The analysis of these disputes frequently determines whether the case ends in a big payout, or with a justifiably denied claim.

Insurance Law, Student Forum

Creating a One-Sided Narrative Could Lead to a Punitive Damages Award against an Insurer: Lessons from Baker v. Blue Cross

  • January 24, 2024
  • Katherine Di Tomaso, Avi Sharabi, Linette King, Stieber Berlach LLP

Insurers should pay careful attention to the recent Ontario Court of Appeal decision in Baker v. Blue Cross Insurance Company of Canada which upheld a significant jury verdict in the amount of $1,500,000 in punitive damages and approximately another $1,000,000 in full indemnity fees and disbursements against the long-term disability benefits insurer. This article provides a discussion of the insurance dispute and key takeaways for insurers and litigants engaged in insurance claims disputes.

Insurance Law, Student Forum