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MT Insurance Law Blog
Superior Court of Quebec dismisses authorization to institute a class action pursuant to the dispute resolution provision of insurance policy
January 29, 2021
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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...
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.
