Articles

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

Editors: Siobhan Leigh McClelland and Tracey Hamilton

Today
Today

Does a Self-Insured Retention (“SIR”) Affect a Request for Defence by an Additional Insured?

  • October 11, 2024
  • Kurt K. Pereira and Avi Sharabi, with special thanks to Kayla Sager, student at law

The Ontario Court of Appeal’s decision in Live Nation Ontario Concerts GP, Inc. v. Aviva Insurance Company of Canada, 2024 ONCA 634 (CanLII) (“Live Nation v. Aviva”) demonstrates that the concepts of risk allocation and equitable contribution are different. Assuming the risk of a certain amount of defence costs via an SIR does not turn an insured into an insurer. The concept of equitable contribution is a remedy between insurers and ought not to be applied between an insurer and an insured.

Insurance Law, Student Forum

CERB/CRB Deductibility in a Motor Vehicle Accident and Double Recovery

  • October 04, 2024
  • Sudevi Mukherjee-Gothi

As defence counsel, we are always dealing with what can be deducted from any settlement and award and the recent decision of the Ontario Superior Court provides some direction on the deductibility of the Canada Emergency Response Benefit (CERB) and the Canada Recovery Benefit (CRB) in a motor vehicle accident.

Insurance Law, Student Forum

You Should Have Told Us You Wanted That Kind of Coverage: What does your insurance broker owe you?

  • October 04, 2024
  • Jordan Kazan Baigrie, Pallett Valo LLP, Lawyer

In Ontario civil litigation, actions concerning coverage disputes and uninsurable losses can dominate the legal landscape, specifically concerning the interpretation of the duties and obligations of an insurance broker. It is critical for both insureds (individuals or companies with insurance policies) and brokers to understand the specific duties and obligations that are required in a customer-broker relationship.

Insurance Law, Student Forum

Passed Inspection: The View of the Canadian Courts on Municipal Liability

  • September 06, 2024
  • Y. Korany & K. Kwinter

This article presents an overview of the powers and duties of municipalities under the Building Code Act and the Ontario Building Code, provides examples of where municipalities can be vulnerable to liability, and discusses the view of the Canadian Courts on municipal liability.

Construction and Infrastructure Law, Insurance Law, Student Forum

SCC Split Rules Owners Liable as Employers under the Occupational Health and Safety Act

  • August 22, 2024
  • Felisia Milana of Stieber Berlach

Municipalities are being kept on their toes with the recent Supreme Court of Canada (“SCC”) decision in R v Greater Sudbury (City). The SCC held that owners of a construction project fall within the definition of an “employer” under the Occupation Health and Safety Act (“OHSA”) and are subject to the required duties and liabilities of an employer. Moving forward, municipalities will have a difficult time insulating themselves from liability under the OHSA when contracting out services.

Insurance Law, Student Forum

The Court of Appeal Reaffirms the Importance of a Physician’s Duty to Obtain Informed Consent: Denman v. Radovanovic 2024 ONCA 276

  • July 23, 2024
  • Caroline Swiderski

It is expected that prior to any elective treatment, a physician owes a duty to the patient to provide adequate disclosure of risks. This duty has been expanded over the years to include all advising doctors, even if they are not involved in the treatment directly. It has also been expanded to include “disclosing the nature of the proposed treatment and any material, special, or unusual risks of the treatment." The Ontario Court of Appeal recently applied these duties of care.

Insurance Law, Student Forum

Honesty is the Best Policy: Court of Appeal Emphasizes Insured Parties’ Responsibility for Full Disclosure

  • July 23, 2024
  • Dimitris Logothetis

It is a trite law of human nature that honesty is the best policy. And it is trite law, as in the actual law, that this is especially true for parties entering insurance agreements. In Davies v. AIG Insurance Company of Canada, 2024 ONCA 509, the Ontario Court of Appeal reversed a decision regarding an insurance coverage determination.

Insurance Law, Student Forum

Problematic Pleadings: ONCA Reiterates that Intentional Torts Cannot be Converted into Negligence Through Strategic Framing

  • June 18, 2024
  • Michael A. Valdez

The issue of whether an intentional action can be properly framed in negligence dates back to the seminal case of Non-Marine Underwriters, Lloyd’s of London v. Scalera. Since then, the courts have repeatedly proclaimed that such attempts are futile. However, this has not stopped counsel from attempting to disguise intentional torts as negligence within their pleadings.

Insurance Law, Student Forum

LAT Rules & Practice Direction

  • June 04, 2024
  • Sandeep Johal, Acting Associate Chair, Licence Appeal Tribunal

Information about two developments at the LAT pertaining to a Preliminary Issue Hearings Practice Direction for AABS matters and the updating of Rule 13 of the Licence Appeal Tribunal Rules, 2023.

Insurance Law, Student Forum