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MT Insurance Law Blog
Ontario Court of Appeal affirms that the “true nature of a claim” will impact duty to defend
May 31, 2023
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Introduction In Butterfield v Intact Insurance Company, 2023 ONCA 246, the Ontario Court of Appeal affirmed that Intact Insurance Company (“Intact”) did not have a duty to defend Mr. Butterfield (the “Appellant”) against a negligence claim because the policy’s intentional...
British Columbia Court of Appeal upholds implied undertaking of confidentiality
May 25, 2023
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Introduction In the recent case of Association of Professional Engineers and Geoscientists of the Province of British Columba v. Engineer X, 2023 BCCA 211, the British Columbia Court of Appeal considered whether the implied undertaking should be lifted to allow...
Litigation privilege: A recent review by the Superior Court of Quebec
April 26, 2023
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In insurance matters, litigation privilege is a frequent principle of law raised by litigators to deny the disclosure of documents. On February 2, 2023, Justice Daniel Dumais of the Superior Court of Quebec adjudicated an objection based on this particular...
Court of Appeal looks to true nature of claim in duty to defend application
April 6, 2023
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The Court of Appeal’s recent decision in Ontario v St. Paul Fire and Marine Insurance Company (2023 ONCA 173) revisits the duty to defend that all underwriters should be aware of. When analysing pleadings and the terms of a policy,...
How “Guaranteed” is Guaranteed Replacement Cost? The Ontario Superior Court weighs in
December 8, 2022
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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...
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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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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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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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...
BC Supreme Court considers the Insurance Act’s dispute resolution process
August 24, 2022
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Introduction In King v. Aviva Insurance Company of Canada, 2022 BCSC 973, the BC Supreme Court (the “Court”) held that Ms. Paula King (the “Insured”) could not opt out of the mandatory dispute resolution process (“DRP”) she had commenced pursuant...
A foul ball to the head: No negligence established under the Occupier’s Liability Act
June 2, 2022
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Introduction The British Columbia Court of Appeal, in Rivers v North Vancouver (District), 2021 BCCA 407, considered a negligence claim brought pursuant to the common law and British Columbia’s Occupiers Liability Act (the “Act”). In doing so, they clarified what...
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.
