Leave to appeal duty to defend issues denied by Supreme Court of Canada
Recently, the Supreme Court of Canada denied leave to appeal decisions of the Alberta Court of Appeal and the Ontario Court of Appeal, respectively, regarding the duty to defend. As a result, the appellate decisions stand and are discussed below. […]
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 […]
Case study: Can a client’s breach of contract give rise to a professional regulatory complaint against a design consultant?
Introduction To what extent can, or should, a design consultant be held responsible by their professional regulatory body for their client’s failure to follow the requirements of a contract with the Authority Having Jurisdiction (“AHJ”)? This interesting question arose in […]
Case commentary: Issuance of building permit for construction of residential/commercial strata “unreasonable” without involvement of architect
Introduction In the recent case of Architectural Institute of British Columbia v. Langford (City), the British Columbia Supreme Court conducted a judicial review of the issuance of a building permit for the construction of a residential/commercial strata complex in the […]
Pennsylvania court decision discusses physical damage aspect of COVID-19
Introduction One of the biggest considerations with respect to whether COVID-19 related losses will be covered by business interruption insurance is whether those losses can be considered « physical loss » or « damage ». Although unrelated to the interpretation of an insurance policy, […]
Subrogating against government authorities for COVID-19 losses
Introduction The worldwide number of COVID-19 cases is growing daily, with nearly two million currently active cases.[1] Of those cases, approximately 27,000 are within Canada.[2] As the pandemic continues worldwide, more claims have and will be made to insurers regarding […]
Causation and concurrent causes of business interruption involving COVID-19
Introduction As the coronavirus pandemic (COVID-19) continues to impact businesses, insurance companies continue to face business interruption claims. As most commercial property policies typically insure against “direct physical loss to the property”, an inquiry into causation is required to determine […]
All-risks property insurance: Meaning of physical damage
A recent decision of the Ontario Superior Court of Justice (MDS Inc. v. Factory Mutual Insurance Company (FM Global)) suggests that closures due to COVID-19 could trigger coverage under some business interruption policies. As discussed in a previous Communique, there […]
Steps Canadian regulators can (and should) take to minimize the impacts of COVID-19 on insurers
Introduction The Canadian governments, both provincially and federally, have taken many steps to assist different industries survive the economic downturn caused by the coronavirus (COVID-19) pandemic. As of yet, none of these measures have been directly aimed at assisting the […]
All perils policies: Is COVID-19 an insured peril?
As the worldwide pandemic continues to rage on, losses faced by businesses increase without any certainty as to when they might end. Such expansive loss has raised many questions for insurers facing potential claims for coverage. One such question is […]
