Court of Appeal weighs in on insurance coverage issues over multiple policy years
On February 27, 2024, the Ontario Court of Appeal delivered its decision in Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145, which involved a variety of coverage issues in the context of a […]
“Property damage” in the context of the duty to defend
St. Paul Fire and Marine Insurance Company v. AIG Insurance Company of Canada In 2002 Lockerbie & Hole Eastern Inc. installed a steam heating and cooling pipe system at York University in Toronto. The system was buried in trenches, such […]
Chris Blom quoted in Sportsnet article on a class action lawsuit against the CHL
Sportsnet, "If certified, CHL class action likely years away from being resolved"
On June 18, a statement of claim was issued against the three leagues that comprise the Canadian Hockey League, the CHL itself and the 60 teams that compete under the CHL banner. The statement of claim was filed on behalf of the […]
Exemption clauses under professional liability policies
First Condo Group Ltd. (“First Condo”) carries on business as a reserve fund planner for condominiums in Ontario. It was insured by Lloyd’s Underwriters under a Professional Insurance Policy from March 2010 to March 2014 on a claims-made basis. In […]
Chris Blom quoted in Canadian Underwriter article on Basilian Fathers appeal
Canadian Underwriter, "Why this religious organization wants to appeal sexual abuse lawsuit"
A corporate defendant found vicariously liable in a multi-million-dollar sexual abuse lawsuit wants to go to the Supreme Court of Canada and seek a new jury trial, a lawyer in MacLeod v. Marshall told Canadian Underwriter Wednesday. In 2018, a jury with the Ontario […]
Pre-judgment Interest on General Damages
In 2015 the Ontario Insurance Act, R.S.O. 1990 c.C.18 was amended to provide that Rule 53.10 of the Rules of Civil Procedure, R.R.O. 1990, which calls for pre-judgment interest at 5%, no longer applies to cases involving car accidents. The […]
The Purpose of All Risk Builder’s Insurance
Construction contracts in Canada typically include a requirement that the builder obtain builder’s risk insurance (often known as All Risk Builder’s insurance) which covers both the builder and the owner of the property in the event of loss arising from […]
The Deduction of Accident Benefits in Tort Actions
In the 2018 decisions of Cadieux v. Clouthier and Carroll v. McEwen, the Ontario Court of Appeal clarified the manner in which accident benefits are to be deducted from awards of tort damages. In the past, there were two approaches. […]
Tavern Claims: Intoxication Does Not Equal Liability
Tort claims against tavern owners in the province of Ontario are typically advanced as a breach of the common law duty of care and a breach of the Liquor Licence Act[1] provisions in relation to the service of alcohol. The […]
