March 19, 2025
By Megan Chan In Spencer et al. v. Omega Insurance Company et al., 2025 ONSC 1022, the Court interpreted a Legal Expense Insurance policy in an application by the defendants in an underlying lawsuit for indemnification for their legal costs awarded to them in that lawsuit. This decision reiterated the general principles of and correct […]
December 12, 2024
By Sebastian di Domenico In Truong v. Jeweler’s Mutual Insurance Company, 2024 ONCA 734, the Ontario Court of Appeal addressed when a Court can award punitive damages against an insurer who improperly denies coverage. In 2014, the appellant, Jeweler’s Mutual Insurance Company (“Jeweler’s Mutual”) issued a policy of insurance to the respondents, Mr. Truong and […]
November 28, 2024
In a recent decision of the Ontario Court of Appeal, Thunder Bay (City) v. Great American Insurance Company, 2024 ONCA 837, the Court of Appeal considered the circumstances in which an exclusion clause may not remove an insurer’s duty to defend. Background Various legal proceedings were pursued against the City of Thunder Bay (the “City”) […]
October 11, 2024
At our weekly meeting, Sarah Sevier discussed the recent decision of the Ontario Court of Appeal, Stewart v. Bay of Quinte Mutual Insurance Co., 2024 ONCA 730. FACTS This case involved an appeal from Bay of Quinte Mutual Insurance Co. (“BQMI”) regarding a judgment awarded to the estate of Mr. Dennis Lynch (“Lynch”) after a […]
September 20, 2024
At our weekly meeting, Heera Elize Sen discussed the recent Court of Appeal decision, Kerk-Courtney v. Security National Insurance Company (TD General Insurance Company), 2024 ONCA 676, where the court considered the issue of whether an insurance company owed a duty to defend and indemnify its insured. The Court of Appeal found that the application […]
August 30, 2024
At our weekly meeting, Jaaron Pullenayegem discussed the recent decision of the Ontario Court of Appeal in Live Nation Ontario Concerts GP, Inc. v. Aviva Insurance Company of Canada[1]. This case concerned an insurer’s duty to defend covered and uncovered allegations under an insurance policy. The Court clarified the analysis required to examine the true […]
