MT Insurance Law Blog

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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...


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...


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....


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 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...


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...


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