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October 27, 2021 – The Ontario Superior Court recently addressed the evidence required to overcome the presumption of a duty to defend in the context of a liability insurance policy. AIG Insurance Company of Canada (“AIG”) brought an application seeking equitable contribution from Lloyds Underwriters (“Lloyds”) towards the cost of defending the City of Timmins (the “City”) in an...

October 27, 2021 – MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594 The Ontario Court of Appeal has recently overturned the Ontario Superior Court’s decision and has maintained the strict interpretation of “physical damage” in the scope of business interruption coverage. Read More  

September 24, 2021 – There is growing trend in Canada of claims being brought against nursing homes and long-term care facilities (collectively referred to throughout as “Care Homes”). These claims can take several different forms and must be responded to accordingly. This paper will address several aspects of Care Home claims, including: The law; Types of Care Home Claims;...

September 24, 2021 – The Alberta Court of Queen’s Bench decision in Duraguard Fence Ltd. v. Badry, 2019 ABQB 783, is another in the line of case authorities dealing with the duties and standard of care that insurance brokers owe to their clients. The case promises to have far-reaching consequences. The Duraguard case concerns a claim brought by the plaintiff Duraguard Fence Ltd...