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: Sudevi Mukherjee‐Gothi and Tracey Hamilton

Today
Today
<em>Lexfund v Ferro et al</em>: Litigation lender found in breach of Consumer Protection Act; recovers simple interest at reduced rate instead of compound interest

Lexfund v Ferro et al: Litigation lender found in breach of Consumer Protection Act; recovers simple interest at reduced rate instead of compound interest

  • October 18, 2016
  • Bevin Shores

Counsel who act in matters that may be funded by litigation loans will want to be aware of the June 22, 2016 decision of Justice Sloan in this case, in which a litigation lender was found to have breached the Consumer Protection Act, and accordingly was only permitted to recover 5% per annum simple interest, as opposed to the 19.5% to 24% interest compounded monthly that had been set forth in the lending agreements.

Insurance Law
<em>A.P. v. Aviva Canada</em>: To Infer or Not to Infer MIG?

A.P. v. Aviva Canada: To Infer or Not to Infer MIG?

  • October 03, 2016
  • Sheryl Patel

This decision highlights the importance of lawyers reviewing the medical records and the medical-legal reports generated during the Applicant’s file, and whether these documents are clear as to why the Applicant is either within or outside the Minor Injury Guideline (MIG). The adjudicator decided that the LAT will not infer information that is not clearly expressed in the medical evidence especially when compelling evidence is required to be discharged from the MIG.

Insurance Law
<em>Ledcor Construction Ltd v Northbridge Indemnity Insurance Co: Case Comment</em>

Ledcor Construction Ltd v Northbridge Indemnity Insurance Co: Case Comment

  • October 03, 2016
  • Belinda Bain, Derrick Pagenkopf and Oliver FitzGerald

In Ledcor Construction Ltd v Northbridge Indemnity Insurance Co the SCC applied the "faulty workmanship" exclusion in a Builders' Risk policy. The Court held that the exclusion does not preclude coverage "merely because the damage results to that part of the project on which the contractor was working." The decision also establishes that insurance contracts need to be interpreted consistently because they are standard form contracts.

Insurance Law
Message from the 2015-2016 Chair

Message from the 2015-2016 Chair

  • July 19, 2016
  • Audrey P. Ramsay

Another successful term for the Insurance Law Section draws to a close, and we welcome our incoming chair, Amanda McBride.

Insurance Law
Emerging Experts in Environmental and Weather Related Claims

Emerging Experts in Environmental and Weather Related Claims

  • June 24, 2016
  • Amanda McBride and Daniel Michaud-Shields

Weather Attribution is a broad term encapsulating many scientific disciplines that seek to ultimately link climate change to specific weather events. As a scientific field, it is rarely seen within litigation matters, but it has manifested itself in the insurance industry, as insurers have found utility in this science for several years now, when dealing with issues related to weather events.

Insurance Law
Disclosure Requirements for Statutory Third Parties

Disclosure Requirements for Statutory Third Parties

  • June 24, 2016
  • Randall Carter

Two cases decided within the last year have confirmed that an insurer that adds itself as a Third Party pursuant to Section 258 (14) of the Insurance Act (the off-coverage insurer) is required to answer questions and disclose information in relation to the insurer’s off-coverage position.

Insurance Law