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How “Guaranteed” is Guaranteed Replacement Cost? The Ontario Superior Court weighs in
December 8, 2022
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MT Insurance Law Blog
One of the most important decisions homeowners have to make in purchasing their insurance is whether to seek “Guaranteed Replacement Cost” or “GRC”. GRC clauses act to ensure that a building is completely replaced even if the cost of that...
Failure to prevent a data breach not equal to invasion of privacy: Ontario Court of Appeal shuts the door on “intrusion upon seclusion” tort
December 2, 2022
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MT Cybersecurity Blog
The Ontario Court of Appeal has released a new trilogy of cases regarding the privacy tort “intrusion upon seclusion.” Specifically, whether the privacy tort is available as against commercial entities collecting and storing clients’ personal information, where there was a...
BC Supreme Court determines whether a third-party claim can be commenced by way of a separate notice of civil claim
November 15, 2022
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MT Insurance Law Blog
Introduction In Prime Time (Abby Lane) Inc. v. DGBK Architects, 2022 BCSC 1799 (“Prime Time”), the BC Supreme Court answered the long-standing question of whether it is appropriate to commence a third-party claim by way of a separate notice of...
British Columbia Court of Appeal clarifies the test for civil fraud in the insurance law context
November 3, 2022
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MT Insurance Law Blog
Introduction In Singh v Insurance Corporation of British Columbia, 2022 BCCA 320, the BC Court of Appeal reaffirmed the test for civil fraud in the insurance law context. Specifically, the court dismissed the defendants’ appeal, in which they argued that...
Two insurers, a mutual policyholder, and the duty to defend
October 27, 2022
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MT Insurance Law Blog
Ontario Court of Appeal upholds Application Judge’s treatment of Property Report Evidence In AIG Insurance Company of Canada (“AIG”) v Lloyd’s Underwriters (“Lloyd’s”) (2022 ONCA 699), the Ontario Court of Appeal was tasked with answering “whether two insurers have a...
A to-do list for incident response
October 11, 2022
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MT Cybersecurity Blog
Cybersecurity incidents and data breaches arise without notice. Your organization may have fallen victim to a cyberattack or you may have received notice from a supplier that they have been attacked. Or perhaps a key employee has lost an unencrypted...
Tactical and strategic steps for successful cyber incident preparedness
September 30, 2022
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MT Cybersecurity Blog
To kick-off this year’s cyber awareness month, we wanted to present an article that would look back on the past year along with our experience counseling organizations, large and small across all sectors, through the ordeal of cyberattacks, data extortion...
Cybersecurity for Canada’s financial institutions
September 30, 2022
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MT Cybersecurity Blog
In the Office of the Superintendent of Financial Institution’s (OSFI) first Annual Risk outlook for Fiscal Year 2022-2023, the OSFI identifies the most material risks which face federally regulated financial institutions (FRFIs). Among the financial risks that the OSFI identifies...
Managing cybersecurity in M&A transactions: How to mitigate risk through due diligence
September 30, 2022
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MT Cybersecurity Blog
As companies have become increasingly technology-driven in recent years, a target’s cybersecurity posture has become a key focal point in the diligence process. The COVID-19 pandemic has made this concern particularly acute: notwithstanding that an increasingly large number of people...
Special costs in BC estate litigation: Kolic v. Kolic, 2022 BCSC 1448
September 21, 2022
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MT Estate Litigation Blog
Pursuant to the Supreme Court Civil Rules, B.C. Reg. 168/2009, costs during litigation in British Columbia are typically awarded to the successful party at trial. Costs are intended to be at least a partial indemnity for legal fees plus reimbursement...
Disclaimer
This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.