Taxes are inevitable. In business transactions, strategic decisions are made to reduce or eliminate the amount of taxes paid. Whether your business is making a purchase, refinancing or allocating funds, the terms of any agreement between parties to such a...
In light of a recent Supreme Court of Canada ruling on a builder’s risk policy, insurers can anticipate that court decisions involving disputes over standard form insurance contracts are more likely to be appealed.
On the Hook Despite Breach of Contract
Last quarter, my colleague Rohit Kumar wrote in this column about the landmark decision made by the Supreme Court of Canada in Bhasin v. Hrynew. In Bhasin, our highest court proclaimed that a principle of good faith underpins contractual performance...
Leading Legal Innovation
GRAND Magazine, 10th Anniversary issue
Policy Interpretation: Why would words matter less than expectations?
Canadian Underwriter Magazine
Defining “occupier” – liability and control over land
Pursuant to section 3 of Ontario’s Occupier’s Liability Act, liability may arise from a failure of an occupier “to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property...
The Duty to Defend and Letters from the MOE
An insurer’s duty to defend claims is broader than its duty to indemnify. It is well established law in Canada that the determination of a duty to defend should be based upon a consideration of the pleadings and the policy...
Getting Soaked on Duty to Defend?
Please take a moment to consider the following scenario. Your insured installs an above ground pool. Later that same year, the pool starts to fall apart. Your insured attends the property and tries to fix the problem. Your insured is unsuccessful....
2010: A Rules Odyssey
Ontario Insurance Adjusters Association
There are big changes coming to the Rules of Civil Procedure starting January 1, 2010. The Rules govern the process of litigation before the Ontario Superior Court of Justice. Sorting out what the changes will mean in practice, and how...