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
Case Comment: <em>Iannarella v. Corbett</em>

Case Comment: Iannarella v. Corbett

  • March 23, 2015
  • Jason Hickman

On February 17, 2015, the Ontario Court of Appeal released its decision in Iannarella v. Corbett, 2015 ONCA 110. This case serves, among other things, as a reminder to defence counsel of the risks associated with not disclosing surveillance.

Insurance Law
Message from the Chair

Message from the Chair

  • January 23, 2015
  • Audrey Ramsay

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

Insurance Law
Pierringer Agreement: You May Not Get What You Had Bargained For

Pierringer Agreement: You May Not Get What You Had Bargained For

  • January 20, 2015
  • Steven Canto

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).

Insurance Law
Current Landscape of Non-Earner Benefits

Current Landscape of Non-Earner Benefits

  • January 20, 2015
  • Michelle Mainprize

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

Insurance Law
<em>Bhasin v Hrynew</em>, 2014 SCC 711 – The Death Knell to Scumbaggery

Bhasin v Hrynew, 2014 SCC 711 – The Death Knell to Scumbaggery

  • January 20, 2015
  • Ilia Valitsky

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.

Insurance Law
The Right to Rescind

The Right to Rescind

  • January 20, 2015
  • Mary Margaret Fox and Paul Emerson

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.

Insurance Law