Knowledge Centre

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Building Replacement Insurance and Carter v. Intact Insurance Co.

FIRM:Scott Venturo Rudakoff LLP
JURISDICTION:Alberta
DATE:June 2017
CATEGORIES:Articles, Knowledge Centre

The Ontario Court of Appeal recently released their decision in Carter v Intact Insurance Co. This is an important case for both property owners and insurers. The case confirms the approach that Canadian courts will take when assessing disputes between … Read more »

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Insurers Must Provide Actual Reason(s) for Examinations Under Oath

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:June 2017
AUTHOR: Mitch Kitagawa and Kentt Coburn
CATEGORIES:Articles, Knowledge Centre

Aviva Insurance Company of Canada v. McKeown et al., 2016 ONSC 6017 This application, brought by the insurer, was a test case on the issue of whether a justification is required to compel a person claiming statutory accident benefits to attend … Read more »

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Does the Insurer have a Duty to Defend the Insured Based on the Policy’s Coverage?

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:June 2017
AUTHOR: Mitch Kitagawa and Kentt Coburn
CATEGORIES:Articles, Knowledge Centre

Wal-Mart Canada Corp. v. Intact Insurance Company, 2016 ONSC 4971 In this case, Wal-Mart Canada Corp. (“Wal-Mart”) sought a declaration for defence and indemnification under a policy of insurance its maintenance subcontractor had with Intact Insurance Company (“Intact”). Walmart was a … Read more »

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Ruling Argues Against “All or Nothing” Consent

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:June 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

In this case, the Defendant employer gave its employee, Garrioch, a company truck and its keys. Garrioch did not have a licence, so Garrioch gave the truck to Tessman to drive. At the material time, Tessman’s relationship with the Defendant … Read more »

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Innocent Co-Insured Entitled to Recover

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:June 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

The insured added her boyfriend to her insurance policy believing his Nova Scotia identification card was his driver’s licence. In fact, his driver’s licence had been suspended. 8 days after he was added to the policy he was involved in … Read more »

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Reducing Trial Delays or Coerced Settlements?

FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:June 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

The Toronto Region has recently announced a pilot project intended to combat the considerable delay civil actions face in getting to trial.  Currently, it can take upwards of two years from the point at which the action has been set … Read more »

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Blaneys argues Ontario Court of Appeal Excluded Driver Endorsement case

FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:June 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

In RSA v Intact Insurance, Ms. Wilson and her husband met with their insurance broker on February 29, 2012. Her license had been suspended on account of unpaid fines. In order to maintain coverage on her Impala she had to purchase coverage … Read more »

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Blaneys Wins Appeal on the Duty to Defend Allegations of Fraud

FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:June 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

In July 2012 someone stole 494,050 pounds of nickel from Vale Canada in Manitoba. In 2013 Vale sued those parties it thought responsible, including one of its subcontractors and a company named Urbanmine Inc., which is involved in the metal … Read more »

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The CGL Policy: Coverage A Concepts

FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:May 2017
CATEGORIES:Articles, Knowledge Centre

To read the complete article, please click here. The Commercial General Liability (“CGL”) Policy is the standard policy of insurance issued to businesses and commercial organizations to insure against third party liability for, among other things, bodily injury and property … Read more »

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Residential Tenants Have 1 Year to Sue Their Landlords For Want of Repair?

FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:May 2017
AUTHOR: Avi Sharabi
CATEGORIES:Articles, Knowledge Centre

On September 30, 2016, in the decision of Letestu v Ritlyn Investments, 2016 ONSC 6540, Justice Sloan of the Ontario Superior Court of Justice ruled that the estate of a deceased tenant had 1 year to sue the landlord of the … Read more »

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