MT Insurance Law Blog

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Miller Thomson Blogs put a more conversational lens on Canadian law. See the diverse perspectives of our lawyers here.

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Changes in “occupants” found not to be a material change in risk for the purpose of voiding a home insurance policy

May 25, 2021 | Fareeha Qaiser, Matthew E. Wray

The British Columbia Supreme Court in Dubroy v. Canadian Northern Shield Insurance Co., 2021 BCSC 352 held that a home insurance policy was not rendered void because there was no material change in risk arising from a change in occupants....

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Accountability for the section 7(4) accounting report: When is it ‘reasonable and necessary’?

May 18, 2021 | Helen D.K. Friedman, Emily Compton

The requirement under section 7(4) of the Ontario Statutory Accident Benefits Schedule [1] for insurers to fund accounting reports on behalf of insured persons is a reasonable one. To be eligible for funding by the insurer, the reports must be:...

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British Columbia Court of Appeal confirms a strict two-year limitation period to commence third-party claims

February 24, 2021 | Fareeha Qaiser, Derek Odgers

Introduction The Court of Appeal in Sohal v. Lezama, 2021 BCCA 40 (“Sohal”) recently held that a court does not have the discretion to permit a third-party notice for contribution and indemnity (“contribution”) if the limitation period has expired under...

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Superior Court of Quebec dismisses authorization to institute a class action pursuant to the dispute resolution provision of insurance policy

January 29, 2021 | Nicolas Sacha Nesviginsky

The COVID-19 pandemic has resulted in litigation, particularly in the context of class actions. In 2020, applications for authorization to commence class actions have been made notably against nursing homes,1 insurers2 and airline companies.3 In 9369-1426 Québec inc. (Restaurant Bâton...

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UK Supreme Court judgment on COVID-19 business interruption insurance test case

January 15, 2021 | Eric S. Charleston

Today, the UK Supreme Court handed down its judgment in the COVID-19 business interruption insurance test case of The Financial Conduct Authority v Arch and Others. This judgment was the result of a “leap frog” appeal whereby the FCA and certain insurers...

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Leave to appeal duty to defend issues denied by Supreme Court of Canada

December 8, 2020 | Karen L. Weslowski, Matthew E. Wray

Recently, the Supreme Court of Canada denied leave to appeal decisions of the Alberta Court of Appeal and the Ontario Court of Appeal, respectively, regarding the duty to defend.  As a result, the appellate decisions stand and are discussed below....

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The latest in insurance bad faith claims

November 5, 2020 | Theodore J. Madison

A bad faith claim against an insurer may result in liability beyond the policy limit. Where a plaintiff establishes that its insurer has responded to a claim in a manner that is offensive, reprehensible, or high-handed, the insurer may be...

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The FCA test case: Assessing its impact on COVID-19 business interruption coverage in Canada

September 17, 2020 | Eric S. Charleston, Sean McGarry

The High Court of England and Wales released its decision in a much-anticipated test case on September 15, 2020. The case was brought by the United Kingdom’s Financial Conduct Authority (the “FCA”). The FCA brought the proceeding against a number...

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Supreme Court of Canada to consider dichotomy between policy and operational decisions in negligence claims

August 24, 2020 | Nico McKay, Christie A. McLeod

The Supreme Court of Canada has recently granted leave to appeal the decision of the B.C. Court of Appeal in Marchi v Nelson (City of), 2020 BCCA 1.  The key question on appeal is whether certain acts or omissions on...

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Case commentary: Issuance of building permit for construction of residential/commercial strata “unreasonable” without involvement of architect

June 8, 2020 | Karen L. Weslowski

Introduction In the recent case of Architectural Institute of British Columbia v. Langford (City), the British Columbia Supreme Court conducted a judicial review of the issuance of a building permit for the construction of a residential/commercial strata complex in the...

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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.