July 25, 2022
The case of Butterfield v. Intact Insurance Company, 2022 ONSC 4060, involves a duty to defend application against an insurer. The applicant, who has schizophrenia, suffered a psychotic episode while at a firearms store. He stabbed the store owner in the honest but deluded belief that he was defending himself and/or his family. The applicant […]
July 16, 2022
At our weekly meeting, Michael Kryworuk discussed the court’s decision in Aditi v. Doe, 2022 ONSC 4049. Michael has written the following summary of the decision. History of the Litigation This case involved a dispute between a motorist and her insurer. The plaintiff, Ms. Aditi, was insured by Intact. The automobile policy provided $200,000 in […]
July 13, 2022
By Natalia Sheikh Overview When an insured has more than one insurance policy which each contain “other insurance” clauses, disputes sometimes arise over whether only one insurer has to respond to a loss, or whether multiple insurers have to respond. This was the situation in Northbridge General Insurance Company v. Aviva Insurance Company, 2022 ONCA […]
July 06, 2022
By Meryl Rodrigues In its recent decision of Demme v. Healthcare Insurance Reciprocal of Canada[1], the Court of Appeal addressed the commercial liability insurer’s duty to defend actions based on the tort of intrusion upon seclusion against an employee of the insured, ultimately affirming the insurer’s denial of coverage under the responding policy. The plaintiff, […]
January 30, 2022
By Kayley Richardson In Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA 908, the Ontario Court of Appeal dismissed an insurer’s appeal of a coverage application decision, in which the application judge had held that the insurer had a duty to defend the insured. Background Mr. Hemlow had been a sole proprietor who carried […]
January 14, 2022
At our weekly firm meeting, Michael Kryworuk discussed the recent decision in R.C. and J.M. v. Western Assurance Company, 2022 ONSC 100. This matter involved a duty to defend coverage application brought by the applicants, R.C. and J.M., seeking to have the respondent insurer, Western Assurance Company, defend them in an underlying action. History of […]
