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Oliveira: Canadian Courts Affirm Expansive Approach to Insurers’ Duty to Defend

Shawn O'Connor
Kate Agyemang
October 2018 Kelly Santini LLP, Ontario

In Oliveira v Aviva Canada Inc et al, 2017 ONSC 6161, the court reiterated the test for interpreting insurance provisions, and underscored the expansive approach that Canadian courts will take regarding an insurer’s duty to defend. This decision was affirmed by Ontario’s Court of Appeal in Oliveira v Aviva Canada Inc et al, 2018 ONCA 321, and is consistent with the jurisprudence to date.

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