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 […]
February 28, 2024
By Kathryn Orydzuk The decision in Wong v. Aviva Insurance Company of Canada, 2024 ONSC 1111, addresses an unusual scenario involving a denial of insurance coverage after the insureds lied about who was driving the defendant vehicle. Wong was the driver of a vehicle involved in an accident in 2019 with another driver, Robertson. Believing that […]
December 08, 2023
At our weekly meeting, Itai Gibli discussed the recent decision of the Court of Appeal in SIR Corp v Aviva Insurance Company of Canada, 2023 ONCA 778. Facts During the COVID-19 pandemic, Canadian provincial governments and American state governments enacted emergency orders which prevented in-person dining at restaurants (“the Orders”).[1] The appellants (“SIR”) owned and […]
November 22, 2023
By Michael Kryworuk On November 3, 2023, the Ontario Court of Appeal released its decision in Trillium Mutual Insurance Company v. Emond, 2023 ONCA 729, allowing an appeal from a lower court declaration that an insurer was required to fully cover the replacement costs of its insureds’ flooded property, inclusive of any additional costs to […]
April 21, 2023
At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Court of Appeal for Ontario in Truscott v. Co-Operators General Insurance Company, 2023 ONCA 267. Overview This appeal arose from an application for insurance coverage for claims related to a fire that destroyed a building, and the accounting papers and records within it. […]
April 14, 2023
At our weekly meeting, Taya Rosenberg discussed the recent judicial review decision of the Divisional Court in Intact Insurance Company v. Laporte et al., 2023 ONSC 1828. Factual Background In November 2018, the Respondent Mr. Laporte’s commercial property was significantly damaged by fire. The Applicant, Intact Insurance Company, had issued an insurance policy which provided payment […]
