Articles 2022

Section Chair Audrey Ramsay reports on the recent activities of the Insurance Law Section and outlines how you can become involved.

One of the best tools in my litigator's toolbox is a Pierringer Agreement. A Pierringer Agreement, sometimes called a "proportionate share settlement agreement", is often used in multi-party litigation when one or more defendants (the "Settling Defendant") resolve their dispute with the Plaintiff(s).

The Court of Appeal decision of Galdamez v. Allstate Insurance Company of Canada changed the landscape of weekly benefits claims.

In the Bhasin v Hrynew decision, the Supreme Court recognizes that there is a duty to perform one’s obligations honestly, and not lie or otherwise mislead, under the general principle of good faith performance of contracts. The duty is not an implied term of contract law, but an imposed minimum standard, irrespective of parties’ intentions, one that the parties are not free to exclude, but may modify.

In 2008, the Ontario government amended the Mortgage Brokerages Lenders and Administrators Act, 2006, to require all licensed mortgage brokerages in Ontario to obtain E&O liability insurance.

This paper is intended as an overview of the current law in Ontario regarding uninsured and underinsured motorist coverage.

The law of limitations applicable to insurance claims has entered a period of uncertainty, arising in part from insurers’ ability to “contract out” of the Limitations Act, 2002 (LA 2002) where the insured is not a “consumer.” This article originally appeared in LAWPRO Magazine “The Changing Face of the Profession” (Vol. 13 no. 2).

Lawyers who practice insurance law are likely well aware of the Court of Appeal’s decision in Schmitz v. Lombard General Insurance Company, 2014 ONCA 88, released earlier this year.

Another notable case on the topic of limitations periods and insurance law is Collins v. Cortez, 2014 ONCA 685, released on October 7, 2014.