Sean McGarry

Partner | Toronto


Portrait of Sean McGarry

Court of Appeal for Ontario rejects attempt to enforce default judgment against insurer

The Court of Appeal for Ontario has recently released a decision highlighting a little-used provision of the Insurance Act that allows parties to enforce judgments against an insurer directly. Section 132 of the Insurance Act contemplates a party obtaining a judgment...


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

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...


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

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,...


When Is It “Appropriate” to Sue an Insurer?

The Ontario Court of Appeal recently ruled on the application of limitation periods in actions against insurers. In Nasr Hospitality Services Inc. v. Intact Insurance[1] the principal of the plaintiff corporation, Mr. Nasr, discovered water damage on the premises of...


Other Automobile Insurance Policies May Respond Before Umbrella Policies

The Ontario Court of Appeal has recently determined the priority of insurance policies when insurers structure their policies to include low limits on a primary policy and larger limits on an umbrella liability policy. In Benson v. Walt,[1] Paul Robert...


Improper Excluded Driver Forms Can Still Be Enforceable

The Ontario Court of Appeal, in Royal & Sun Alliance Insurance Company of Canada v. Intact Insurance Company (“RSA v. Intact”)[1], recently addressed the manner in which the OPCF 28A excluded driver form may be issued by the insurer. In...