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


Insurer off-the-hook for Release of Pollutants Caused by Fire

  • March 29, 2018
  • John Georgakopoulos and Matthew Gardner, Willms & Shier Environmental Lawyers LLP

On January 14, 2016, the Supreme Court of Canada denied Precision Plating Ltd.’s (“Precision Plating”) application for leave to appeal the British Columbia Court of Appeal’s (“BCCA”) decision in Precision Plating Ltd. v. Axa Pacific Insurance Co., (“Precision Plating v Axa”).

Civil Litigation, Constitutional, Civil Liberties and Human Rights Law, Environmental Law and 1 more..., Insurance Law

Trumped Up Diagnosis Not a Precondition for Recovery of Damages for Mental Injury

  • January 12, 2018
  • Donna Polgar

In an explicit repudiation of the widespread societal suspicion of psychiatry and mental illness, in Saadati v. Moorhead, 2017 SCC 28, the Supreme Court of Canada has refused to impose a requirement for a claimant to prove that he or she has a recognizable psychiatric illness in order to recover damages for mental injury.

Insurance Law

The Examination Under Oath: Underutilized and Under-Appreciated

  • January 09, 2018
  • Cary N. Schneider and Monika Drobnicki

The evaluation of any personal injury claim primarily revolves around a question of credibility. The impact of the injuries suffered by one claimant is often significantly different compared to the same injuries suffered by another claimant.

Insurance Law

Property Under Renovation Ruled “Vacant”, Despite Owner Camping on Lawn

  • January 09, 2018
  • Gord McGuire

A recent Alberta decision provides a sobering reminder to landlords to comply with the vacancy provisions of their property insurance policies – or else risk losing their insurance coverage. It may also have been a missed opportunity by the insured to invoke a new provision in Alberta’s Insurance Act that allows the court to refrain from applying an “unjust or unreasonable” contractual provision.

Insurance Law

Occupier’s Liability Act Not Going to the Dogs Just Yet

  • January 09, 2018
  • Melissa Miles

The Divisional Court in Seipt v. Irvine, claim No: (4)25121539, heard an appeal regarding a personal injury case going back to the summer of 2007. The defendants held a backyard birthday party and invited the 57 year old plaintiff. The defendants had two dogs, one being Tazzie, a pitbull. The plaintiff was aware that the defendants had these dogs. It was accepted during the trial that the plaintiff had a fear of dogs. She nonetheless attended the party...

Insurance Law

Impeachment Process: Plaintiff rear-ends car in front, sues and loses

  • January 09, 2018
  • Jordan Black

In Chernet v. RBC General Insurance Company, the Ontario Court of Appeal upheld the motion judge’s decision to dismiss a Plaintiff’s case by way of summary judgment. The Plaintiff’s allegations in the case seemed at odds, from the start, with the generally accepted rules about rear-end accidents.

Insurance Law

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

  • October 27, 2017
  • Nina Bombier, with the assistance of Graham Henry (Student-at-Law)

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.

Insurance Law, Student Forum

OBA Excellence in Insurance Law Award Acceptance Speech

  • October 23, 2017
  • Don Rogers Q.C.

On June 21, 2017 the OBA Award of Excellence in Insurance Law was proudly presented to Donald H. Rogers of Rogers Partners LPP at the Toronto Eaton Centre Marriott celebrating Donald’s contributions to the profession. This is the transcript of his acceptance speech.

Insurance Law, Student Forum