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


Expert Reports and Pre-Trial Conferences

  • August 12, 2022
  • Laura Dowsley

Earlier this year, the Civil Rules Committee amended Rule 53.08(1) of the Rules of Civil Procedure, which had previously provided for flexibility for counsel in producing expert reports at pre-trial conferences. The flexibility built into the old Rule was creating limitations for the effectiveness of pre-trial conferences and often resulted in adjournments of fixed trial dates. The amendment to the Rule aims to strengthen the value of the pre-trial conference.

Insurance Law, Student Forum

When Cryptocurrencies and Insurance Policies Collide: The D&O Securities Exclusion in the Blockchain Age

  • June 30, 2022
  • Nabil Mahmood

During the fall of 2020, when Ontarians were hunkering down for the second COVID-19 pandemic wave, the Ontario Superior Court of Justice released its decision in Kik Interactive Inc. v. AIG Insurance Company of Canada . The Court was tasked with interpreting whether the respondent insurer’s securities exclusion worked to preclude coverage for cryptocurrency sales to the public.

Insurance Law, Student Forum

A Balanced Approach: Kumarasamy v. Western Life, 2021 ONCA 849

  • May 13, 2022
  • Tracey L. Hamilton

The Court of Appeal in Kumarasamy held that there does not need to be a “clear and unequivocal” denial of a claim for the limitations clock to start. This article provides a high-level overview and summary of the court’s balanced approach in determining how the limitations period is triggered in the context of a claimant’s application for LTD benefits.

Insurance Law, Student Forum

Insurer Cannot Rely on Total Pollution Exclusion to Refuse Duty to Defend in Negligence Claim

  • April 06, 2022
  • Beryl Meng

In Hemlow Estate v. Co-operators General Insurance Co, 2021 ONCA 908, the Ontario Court of Appeal held that the insurer had a duty to defend a claim relating to the negligence of the insured, which resulted in the insured’s own death and property damage at the location where he was working. The court affirmed that the Pollution Exclusion did not apply, as the claim was based in negligence and breach of contract, and not from the escape of a pollutant.

Insurance Law, Student Forum

OBA Insurance Law Section – Spotlight Interview with Sandra LeBrun

  • March 24, 2022

In an interview with Insurance Law Section member-at large Harold Geller, Sandra LeBrun, in-house counsel at Aviva Trial Lawyers (Ottawa Office), talks about her career path, her involvement in the insurance bar and broader legal community, her most memorable court appearance, her advice for junior lawyers, and more.

Insurance Law, Student Forum

One Year Later: Looking Back at Louis v Poitras

  • March 01, 2022
  • Stephanie De Sousa and Leigh Clark

As we enter 2022, some parties have had their trials adjourned multiple times due to the changing COVID-19 situation, and judges continue to be faced with the decision of how best to deliver just and fair adjudication of civil matters. One year after Poitras was decided we are taking a look back at this important decision and some of the motions that have been decided since.

Insurance Law, Student Forum

Conducting Virtual Examinations

  • February 04, 2022
  • Katherine Di Tomaso

The progress made over the pandemic to use technology to make the civil legal system more efficient, affordable, and accessible shall hopefully continue.  This article will set out benefits and drawbacks of virtual examinations for discovery, draw the reader’s attention to four decisions dealing with virtual examinations, provide key takeaways from these decisions, and share resources to assist in conducting a virtual examination.

Insurance Law, Student Forum

“Physical Damage” Means “Physical Damage”: Who knew?

  • January 05, 2022
  • Dennis Ong

The release of MDS Inc. v. Factory Mutual Insurance Company from the Ontario Court of Appeal, rounded out 2021 with another major insurance-related appellate decision primarily authored by Justice Julie Thorburn (also responsible for crafting the written reasons in the seminal multi-insurer coverage decision, Markham (City) v. AIG released in mid-2020). This article summarizes why the MDS v. Factory Mutual decision is important for any insurance-related and contractual interpretation dispute.

Insurance Law, Student Forum