Lloyd’s of London and International Insurance

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Policyholders emerge victorious in recent COVID-19 claims

Two U.S. courts have recently released decisions regarding insurance policies and restaurant closures due to the COVID-19 pandemic. In both of those cases, the courts found for the restaurants and against the insurance companies. In this article, we will briefly...

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Amendments to the Architectural Institute of British Columbia Code of Ethics and Professional Conduct: The introduction of the requirement to self-report

Introduction Since 2011, the Architectural Institute of British Columbia (the “AIBC”), which is the governing body for architects in the province, has been engaged in a comprehensive bylaw review process.  The AIBC appointed a Bylaw Review Committee (the “BRC”), which...

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Bill 118: Changes to the notice period for slip and fall claims in Ontario

On December 8, 2020, Bill 118[1] received Royal Assent, bringing welcomed changes to Ontario’s Occupiers’ Liability Act[2] (the “Act”). The Act sets out the duties and liabilities of those in physical possession or responsibility and control of a premises, otherwise...

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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...

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Is a partial restriction of business sufficient to trigger the “inability to use” clause in business interruption claims?

Introduction To combat the spread of COVID-19, many governments and public authorities issued orders mandating the closure of, or restrictions upon, businesses.  One common order restricted mass gatherings of people in excess of a certain number, which may not have...

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Tarion’s response to COVID-19

The ongoing COVID-19 pandemic has raised new issues relating to insurance and the home building industry. Following a total project suspension, construction has slowly resumed in Ontario, albeit with reduced crews and strained supply chains. These constraints raise increasingly important...

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Eric Charleston is quoted in Canadian Underwriter article on how business interruption verdict impacts trends clauses

Canadian Underwriter, "How business interruption verdict impacts trends clauses"

If your clients are looking for business interruption coverage arising from the pandemic, a key question is whether there is a “trends clause” in their policy. “In policies with trends clauses, the calculation of loss of business income must take...

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Eric Charleston is quoted in Canadian Underwriter on COVID-19 business interruption claims stemming from government restriction

Canadian Underwriter, "Does COVID lockdown constitute ‘prevention or hindrance of access’ under BI?"

Clients who lost business income during the pandemic might not get coverage even if they have coverage for “prevention or hindrance of access,” but this depends on exactly how the policies are worded. The High Court of England and Wales...

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Eric Charleston quoted in Canadian Underwriter article on U.K. business interruption test case

Canadian Underwriter, "How Canadian courts could be influenced by U.K. business interruption test case"

A recent British court ruling could be good news for Canadian clients who bought insurance covering business interruption from an occurrence of a notifiable disease within a specified distance of their premises, and who had to close due to the COVID-19 pandemic....

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Update: Burns v. RBC Life Insurance Company

The Ontario Court of Appeal just released an update on certain elements of the Burns[1] decision. While the Court of Appeal did not interfere with the Motion Judge’s decision to strike out the appellant’s statement of claim against the individual...

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COVID-19 Resources

We have written on a variety of topics to help identify the pertinent issues, understand the legal implications, minimize risk exposure and manage legal obligations.

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