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

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

  • January 24, 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.

Insurance Law, 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

  • December 12, 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.

Insurance Law, Student Forum

Get to know your OBA Insurance Law Section Executive

  • December 11, 2023
  • Zack Garcia

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.

Insurance Law, Student Forum

COVID-19 Fails to Constitute “Direct Physical Loss or Damage” at Court of Appeal

  • November 30, 2023
  • Thomas Russell

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.

Insurance Law, Student Forum

Ethical Requirements and Practical Tips for Litigating with Self-Represented Parties

  • November 14, 2023
  • Katherine T. Di Tomaso

Representing a client in litigation where there is a self-represented party can be challenging for lawyers. Generally, the self-represented party does not have the awareness or understanding of substantive and procedural law that a lawyer has, which can lead to protracted proceedings and additional legal fees spent.

Insurance Law, Student Forum

What is a Compensable Mental Injury?

  • October 05, 2023
  • Sudevi Mukherjee-Gothi

What are the factors required to demonstrate a compensable mental injury? Evidence from friends and family will be accepted, and there is no necessity of a medical expert. However, the Plaintiff must show that they have sustained “a serious and prolonged disruption that transcended ordinary emotional upset or distress."

Insurance Law, Student Forum