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

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


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...


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...


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

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


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...


The duty to defend in the face of exclusions: Allegations of intentional acts and the use or operation of vehicles

May 20, 2020 | Sean McGarry

On May 7, 2020, the Supreme Court of Canada denied leave to appeal from a notable decision of the Ontario Court of Appeal on an insurer’s duty to defend. In Pembridge Insurance Company of Canada v. Chu,[1] the defendant, Fabrizi,...


The scope and interpretation of faulty workmanship exclusions in multi-peril policies

May 12, 2020 | Debra Curcio Lister, Mark Puszczak

In Condominium Corporation No. 9312374 v Aviva Insurance Company of Canada, 2020 ABCA 166, the appellant condominium corporation (the “Corporation”), had engaged a contractor and an engineer to provide rehabilitation and maintenance work with respect to the parkade area in...


The effect of BC Ferries settlement agreements on apportionment of liability and damages at trial

May 5, 2020 | Stefanie Gladders, Fareeha Qaiser

A recent case from the British Columbia Supreme Court dealt with the procedure for apportionment of losses after a BC Ferries Settlement had been reached between some of the defendants. In Conarroe v Tallack, the claim arose out of two...


COVID-19 and accidental death coverage

April 29, 2020 | Helen D.K. Friedman

No one intends to contract COVID-19.  In fact, most rational people intend to do just the opposite.  What if, despite your best intentions/precautions, you contract COVID-19 by accident?  What if this unfortunate event results in your death?  Is there a...


Leave to appeal to Supreme Court of Canada on issue of insurer’s potential waiver of rights

April 27, 2020 | Fareeha Qaiser, Stefanie Gladders

An appeal of a decision from the Ontario Court of Appeal, Bradfield v Royal Sun Alliance Insurance Company of Canada, 2019 ONCA 800, has recently been granted leave to appeal to the Supreme Court of Canada. The basis of the...


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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.