Articles 2022

Aujourdʼhui
Aujourdʼhui

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

  • 05 avril 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.

Droit des assurances, Student Forum

Failed Third Party Claim Against Disability Insurer

  • 27 mars 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.

Droit des assurances, Student Forum

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

  • 06 mars 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.

Droit des assurances, Student Forum

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

  • 29 février 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.

Droit des assurances, Student Forum

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

  • 24 janvier 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.

Droit des assurances, Student Forum

ONCA Clarifies Coverage Chaos: G1 Driver Given Consent to use Father’s Vehicle on Highway they Mistakenly Believe to be Roadway, Injures Passenger on Completely Different Highway on Which he had No Permission to Travel

  • 12 décembre 2023
  • Michael A. Valdez, Stieber Berlach LLP

In Pridmore v. Drenth 2023 ONCA 606, the Ontario Court of Appeal illuminates the complex issue of whether the mistaken belief that a highway is a road will operate to vitiate third-party insurance coverage. The Court of Appeal provides insight into when courts will allow relief from forfeiture.

Droit des assurances, Student Forum