June 22, 2020
The Supreme Court of Canada recently denied leave to appeal in an insurance coverage dispute. A building on the plaintiffs’ property was damaged by fire. The plaintiffs’ insurer denied a claim under a homeowner’s policy based on the plaintiffs’ failure to notify of a material change of risk, in particular, the existence of a licensed […]
June 19, 2020
At today’s weekly firm meeting, Matthew Umbrio addressed the Ontario Court of Appeal decision of Peter B. Cozzi Professional Corporation v. Szot, 2020 ONCA 397. The appellant in this decision was the solicitor for Mr. Nguyen, the plaintiff in a motor vehicle personal injury action. The Court of Appeal was tasked with determining whether the […]
June 18, 2020
By Gemma Healy-Murphy When adjusters are put on notice of a potential lawsuit, either by an insured or the potential claimant, there are several loss control measures that can be taken at an early stage and in contemplation of litigation (thus arguably preserving the privileged nature of any such efforts where appropriate). Different cases call […]
June 17, 2020
In a previous blog post, we discussed a decision in which an insurer was ordered to defend a training academy for allegations related to the alleged sexual abuse of a student. The decision was overturned yesterday by the Court of Appeal. In Southside Muay Thai Academy Corporation v. Aviva Insurance Company of Canada, 2020 ONCA […]
June 15, 2020
The Court of Appeal’s decision in Burns v. RBC Life Insurance Company, 2020 ONCA 347, dealt with a motion decision to strike a statement of claim against two employees of the defendant insurer for disclosing no reasonable cause of action. The plaintiff sued RBC Life in a disability benefits claim. She also sued two RBC […]
June 12, 2020
At our weekly firm meeting, Matthew Umbrio addressed the Divisional Court decision of Industrial Alliance Securities Inc. v. Kunicyn, 2020 ONSC 3393. The appellant, Ms. Kunicyn, appealed the Order of Justice Stewart dismissing her motion seeking answers to certain questions that were refused and disclosure of certain documents. The refusals concerned communications between Industrial Alliance (IA) […]
