Evan Bawks

Associate | Kitchener-Waterloo

519.593.3201

Portrait of Evan Bawks

Evan Bawks is an insurance defence lawyer whose litigation practice includes accident benefits disputes and tort cases involving motor vehicle accidents, property claims, and occupiers’ liability claims. He has represented insurers before the Ontario Superior Court of Justice and the Ontario Small Claims Court. Evan takes pride in using a detail-oriented and creative approach to finding the best possible resolution for his clients involved in insurance litigation or personal injury cases.

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Judge Critiques Exclusion Clause in Homeowner Policy

A recent Ontario Superior Court decision may prompt legislative changes with respect to intentional damage exclusion clauses in homeowner policies in Ontario. In Soczek v. Allstate Insurance Co., 2017 ONSC 2262, Morgan J. addressed whether a standard form exclusionary clause...

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The Sufficiency of Reasons (Or Not)

A recent FSCO appeal decision from Director’s Delegate Rogers in State Farm and Asamoah (Appeal P16-00067, March 21, 2017) sheds some light on the requirement of adjudicators to provide sufficient reasons when determining entitlement and quantum of benefits under the Statutory...

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Insurer May Not Deny Coverage for Business Losses, Even When Another Party Is Liable To Pay

In the recent decision in 2224981 Ontario Inc. v. Intact Insurance Company, 2016 ONCA 870, the Ontario Court of Appeal dismissed an appeal from an insurer that had sought to deny coverage to their insured for business losses due to...

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Adverse Cost Insurance: Evolving Case Law

A growing issue in personal injury litigation has been the propagation of adverse cost insurance, also known as “after-the-event” insurance. This insurance is typically a policy purchased by a plaintiff in a lawsuit to provide protection in the event of...

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Limitation Period Trumps Invalid Election

The recent FSCO decision on a preliminary issue in Kanagalingam v. Economical Mutual Insurance Company[1] confirms that insurers can rely on the statutory two-year limitation period when a weekly benefit is properly denied, even if the underlying election of benefits...

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