Limitation periods provide comfort to both insureds and insurers. With the passing of a limitation period, each can draw comfort from the knowledge that a claim has not been pursued and is not likely to be pursued in the future. ...
After the publication of my article on this subject in April of 2016, the Ontario Court of Appeal upheld the motion judge’s decision in Galota v. Festival Hall Developments Ltd. et al. For a summary of the facts, see our...
When an insured incurs defence costs prior to giving their insurer notice of the claim, who bears responsibility for those “pre-tender” defence costs? The insurer, which is otherwise responsible for the insured’s defence? Or the insured, which incurred costs without...
