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: Robert Woon

Today
Today
Message from the Chair

Message from the Chair

  • September 21, 2018
  • Lawrence A. Conmigo

Welcome from the Chair of the OBA's Insurance Law Section.

Insurance Law

Ontario Court of Appeal Summaries (May 13- May 18)

  • May 22, 2018
  • John Polyzogopoulos

I would like to congratulate our very own Roger Horst and Rafal Szymanski on successfully representing the respondent in Correct Building Corporation v. Lehman. The Court dismissed the appeal against our client and granted our client’s cross-appeal, resulting in a dismissal of all claims against our client by way of summary judgment.

Civil Litigation, Criminal Justice, Insurance Law and 1 more..., Student Forum

ONTARIO COURT OF APPEAL SUMMARIES (APRIL 2- APRIL 6)

  • April 08, 2018
  • John Polyzogopoulos

Topics covered this week included franchise law and rescission, liability for wrongful patent enforcement, the duty to defend in the MVA context, family law (custody and access and breach of court orders), securities class actions, and mortgage enforcement. John Polyzogopoulos

Civil Litigation, Family Law, Franchise Law and 4 more..., Information Technology and Intellectual Property Law, Insurance Law, International Law, Real Property Law

Insurer off-the-hook for Release of Pollutants Caused by Fire

  • March 29, 2018
  • John Georgakopoulos and Matthew Gardner, Willms & Shier Environmental Lawyers LLP

On January 14, 2016, the Supreme Court of Canada denied Precision Plating Ltd.’s (“Precision Plating”) application for leave to appeal the British Columbia Court of Appeal’s (“BCCA”) decision in Precision Plating Ltd. v. Axa Pacific Insurance Co., (“Precision Plating v Axa”).

Civil Litigation, Constitutional, Civil Liberties and Human Rights Law, Environmental Law and 1 more..., Insurance Law

Trumped Up Diagnosis Not a Precondition for Recovery of Damages for Mental Injury

  • January 12, 2018
  • Donna Polgar

In an explicit repudiation of the widespread societal suspicion of psychiatry and mental illness, in Saadati v. Moorhead, 2017 SCC 28, the Supreme Court of Canada has refused to impose a requirement for a claimant to prove that he or she has a recognizable psychiatric illness in order to recover damages for mental injury.

Insurance Law

The Examination Under Oath: Underutilized and Under-Appreciated

  • January 09, 2018
  • Cary N. Schneider and Monika Drobnicki

The evaluation of any personal injury claim primarily revolves around a question of credibility. The impact of the injuries suffered by one claimant is often significantly different compared to the same injuries suffered by another claimant.

Insurance Law

Property Under Renovation Ruled “Vacant”, Despite Owner Camping on Lawn

  • January 09, 2018
  • Gord McGuire

A recent Alberta decision provides a sobering reminder to landlords to comply with the vacancy provisions of their property insurance policies – or else risk losing their insurance coverage. It may also have been a missed opportunity by the insured to invoke a new provision in Alberta’s Insurance Act that allows the court to refrain from applying an “unjust or unreasonable” contractual provision.

Insurance Law

Occupier’s Liability Act Not Going to the Dogs Just Yet

  • January 09, 2018
  • Melissa Miles

The Divisional Court in Seipt v. Irvine, claim No: (4)25121539, heard an appeal regarding a personal injury case going back to the summer of 2007. The defendants held a backyard birthday party and invited the 57 year old plaintiff. The defendants had two dogs, one being Tazzie, a pitbull. The plaintiff was aware that the defendants had these dogs. It was accepted during the trial that the plaintiff had a fear of dogs. She nonetheless attended the party...

Insurance Law