Emily C. Durst

Associate | Kitchener-Waterloo


Portrait of Emily C.  Durst

2017: A Year in Review and a Look Ahead

As 2017 comes to a close, it is a good time to take a look back at changes and developments in the law that will affect how adjusters handle claims going forward. In one of the year’s most anticipated decision,...


Deciphering the Duty to Defend

The Court of Appeal for Ontario recently considered an Ontario Superior Court judge’s decision regarding an insurer’s duty to defend in the context of a maintenance contract. In August 2013, a worker employed by the landscaping company Lafleur de la...


Sharing is Caring – Or is it?

There is no doubt about it – the sharing economy is here to stay. A recent report authored by the Insurance Institute of Canada concludes that the sharing economy will only increase in size and influence. This is due to...


Are jury trials in motor vehicle accident claims inherently unfair?

This is the very question that will be before the Court in the case of Kapoor v. Kuzmanovski, a motor vehicle accident action that was scheduled for a trial by jury in January 2017. Prior to trial, the Plaintiff brought...


Insurance Law 2016: The Year in Review and a Look Ahead

The authors of MT Insurance Law Blog strive to provide our readers insight into changes and emerging trends in Canadian insurance litigation. As this year comes to an end, it is a good time to look back at 2016 and...


Cyber Insurance 101: Why Cyber Risk Policies are Taking Off

Although they have been around for over a decade, it is only recently that an increasing number of organizations accept cyber-incident insurance as a necessary business expense. According to the Ponemon Institute, a leading think tank that tracks and quantifies...


Insurance Policies – Better Catch ‘Em All!

Pokémon Go is the latest gaming phenomenon that is taking the world by storm. Within one week of its launch, 65 million people had downloaded the game to their device. Android and iPhone users all over the world are playing...


Jurisdiction (Not So) Simpliciter in an Out of Province MVA

The Supreme Court of Canada recently announced that they will not hear an appeal from an Ontario women injured in a 2012 motorcycle accident in British Columbia. This decision effectively upholds the finding of Ontario’s Superior Court of Justice in...