About ArticlesLes articles ci-dessous sont publiés par la Section du droit des assurances de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteurs : Matthew Gardner and Annette Casullo


Duelling Definitions: The Meaning of the Term “Law” in Insurance Policy Interpretation

  • 29 février 2024
  • Michael A. Valdez, Stieber Berlach LLP

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.

Droit des assurances, Student Forum

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

  • 24 janvier 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.

Droit des assurances, 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

  • 12 décembre 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.

Droit des assurances, Student Forum

Get to know your OBA Insurance Law Section Executive

  • 11 décembre 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.

Droit des assurances, Student Forum

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

  • 30 novembre 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.

Droit des assurances, Student Forum