May 29, 2024
By Emily Vereshchak In Construction Distribution & Supply Company Inc. v. Continental Casualty Company (CNA Insurance), 2024 ONCA 405, the Court of Appeal analyzed the applicability of an exclusion clause in an insurance policy in relation to pollution liability. The appellant, Continental Casualty Company (“Continental”), appealed the decision of the application judge who determined that […]
November 16, 2023
By Jennifer Singh In Jack-O’s Sorts Bar v. US Liability Insurance Co., 2023 ONSC 5925, United States Liability Insurance Company (“the insurer”) brought a summary judgment motion to determine whether it had a duty to defend Jack-O’s Sorts Bar and the bar’s owner, Harold Douglas Eakins (“the insureds”), in a personal injury claim. The court […]
March 17, 2023
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Court of Appeal for Ontario in Ontario v. St. Paul Fire and Marine Insurance Company, 2023 ONCA 173. Overview This appeal arose from a coverage application, in which the appellant, His Majesty the King in the Right of Ontario, sought a declaration that […]
March 10, 2023
At our weekly meeting, Taya Rosenberg discussed the recent summary judgment decision of the Ontario Superior Court in Pridmore v. Drenth, 2023 ONSC 817. This action arose from an incident involving a four-wheeled all-terrain vehicle (“ATV”). Breanne Pridmore, the plaintiff, was a passenger on an ATV driven by Tyler Drenth and owned by Theodore Drenth, Tyler’s […]
February 17, 2023
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court in Cernjul v. The Nordic Insurance Company of Canada, 2023 ONSC 559. Overview This application involved a claim for a declaration that the Applicant’s automobile insurer had a duty to defend him in a civil action. Background On October 6, […]
January 06, 2023
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court in Morgan v. Co-Operators General Insurance et. al., 2022 ONSC 7254. Overview This simplified procedure action involved a claim for water damage that occurred at the plaintiff’s property on December 9, 2019. Background The Plaintiff was the owner of a […]
