Articles 2023

What is a corporation’s obligations when a unit owner complains about noise from another unit owner?

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.

A profile to get to know the OBA Insurance Law Executive. This focus is on Tracey L. Hamilton, Senior Litigation Counsel at Beneva Insurance (Beneva Lawyers).

A recent decision by the Ontario Court of Appeal provides guidance on the responsibility of occupiers for natural hazards on their premises.

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.

A profile to get to know the OBA Insurance Law Executive. This focus is on Marcus Knapp, Counsel at Ricketts Harris 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.

A profile to get to know the OBA Insurance Law Executive. This focus is on Zack Garcia, Senior Claims Officer and Counsel Financial & Professional Services (FPS) at Liberty Mutual Canada.

Is the removal of a luminaire from the subject location a breach of the duty of care resulting in negligence?

As the world struggles to recover from the effects of the COVID-19 pandemic, one question that has been gaining some attention in the world of insurance is: in what circumstances did COVID-19 trigger coverage for business interruption under property policies? A Review of the 2023 Ontario Court of Appeal Decision in SIR Corp. v. Aviva Insurance Company of Canada.