Articles

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

Aujourdʼhui
Aujourdʼhui
David F. Smye, Q.C.,

Q&A with David F. Smye, OBA Award of Excellence in Insurance Law Recipient

  • 19 mai 2020

David F. Smye, Q.C., Mackesy Smye Lawyers, is one of two legal leaders being honoured this year with the OBA Award of Excellence in Insurance Law for his outstanding leadership and contribution to the advancement of insurance law. Gain a glimpse of what motivates him and how he is making a difference in his area of practice in this candid Q&A.

Droit des assurances, Student Forum

Potential Insurance Coverage for Loss Caused by COVID-19

  • 23 mars 2020
  • Hovsep Afarian, Aidan Cameron, Emmanuelle Poupart, and William G. Scott – McCarthy Tétrault LLP

Many businesses across a range of industries have suffered significant financial loss caused by COVID-19. This article explores potential insurance coverage to help offset the losses caused by COVID-19. Business interruption insurance and event cancellation insurance are specifically addressed, and practical tips are provided to help maximize potential insurance coverage.

Droit des assurances, Student Forum

A Caution to Insurers on Defensible Programs

  • 09 mars 2020
  • Christine M. Galea, Dolden Wallace Folick LLP,

Insurers should be aware of the recent costs decision in Przyk v. Hamilton Retirement Group Ltd. This case sets an adverse precedent to insurers that employ strict policies against paying out modest claims, categorized as defensible, prior to trial. Even if the insurer succeeds at trial on the merits, the court may award no costs to that insurer.

Droit des assurances, Student Forum

Ethics, Civility and Professional Responsibility in the Courtroom, Mediation and Beyond - 2018

  • 15 novembre 2019
  • Ayushi Kiran, articling student, Crown Law Office - Civil

This article gives an overview of the CPD program conducted by the Insurance Law Section in 2018 which was well received and is returning on November 22, 2019. This program contains a total of 3 hours of Professionalism content and it qualifies for LAWPRO Risk Management Credit.

Droit des assurances, Student Forum
Member Spotlight: Glenn Smith

Member Spotlight: Glenn Smith

  • 21 mai 2019

Find out more about Glenn Smith, the 2019 recipient of the Toronto Award of Excellence in Insurance Law, as he responds to a dozen diverse questions from the Insurance Law Section Executive.

Droit des assurances, Student Forum
Member Spotlight: Mark Lerner

Member Spotlight: Mark Lerner

  • 21 mai 2019

Get to know Mark Lerner, the 2019 recipient of the Insurance Law Regional Award of Excellence, via this rapid-fire Q&A.

Droit des assurances, Student Forum

CP Food: U.S. District Court Finds No Coverage Under Crime Policy for Insured’s Vicarious Liability for Theft of Customers’ Funds

  • 17 février 2019
  • David S. Wilson, Chris McKibbin and Stuart Woody

In the recent decision of CP Food & Beverage, Inc. v. United States Fire Insurance Company, the U.S. District Court for the District of Nevada held that coverage was not available under a crime policy where the insured’s employees had defrauded the insured’s customers through misuse of customer credit cards. 

Droit des assurances, Student Forum

Ontario Court of Appeal Summaries (May 13- May 18)

  • 22 mai 2018
  • John Polyzogopoulos

I would like to congratulate our very own Roger Horst and Rafal Szymanski on successfully representing the respondent in Correct Building Corporation v. Lehman. The Court dismissed the appeal against our client and granted our client’s cross-appeal, resulting in a dismissal of all claims against our client by way of summary judgment.

Litige civil, Justice pénale, Droit des assurances et 1 en plus, Student Forum

ONTARIO COURT OF APPEAL SUMMARIES (APRIL 2- APRIL 6)

  • 08 avril 2018
  • John Polyzogopoulos

Topics covered this week included franchise law and rescission, liability for wrongful patent enforcement, the duty to defend in the MVA context, family law (custody and access and breach of court orders), securities class actions, and mortgage enforcement. John Polyzogopoulos

Litige civil, Droit de la famille, Droit des franchises et 4 en plus, Technologies de l'information et le droit de la propriété intellectuelle, Droit des assurances, Droit international, Droit immobilier

Insurance Policy Covers Defence Costs Incurred for Directors and Officers in Security Regulators’ Investigation

  • 27 octobre 2017
  • Nina Bombier, with the assistance of Graham Henry

As regulatory investigations and litigation against corporate directors and officers become increasingly complex and extensive, insurance policies covering defence costs are all the more important. But how far does this coverage stretch? The recent decision of Liberty Silver v Liberty Insurance demonstrates the significant value these policies can provide in covering an early and proactive legal defence.

Droit des assurances, Student Forum