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 […]
June 19, 2024
By Kathryn Orydzuk Background The appellants/plaintiffs appealed the June 5, 2023 decision of Penny J. of the Ontario Superior Court (Workman Optometry Professional Corporation v. Certas Home and Auto Insurance, 2023 ONSC 3356), which was heard by the Ontario Court of Appeal on June 12, 2024 (Workman Optometry Professional Corporation v. Certas Home and Auto […]
