Archives

April 27, 2012 – Mitch Kitagawa successfully brought a summary judgment motion on behalf of an insurer to dismiss an action brought by Chrysler Financial Services seeking coverage under a motor vehicle policy.  Chrysler was the lessor of a vehicle owned by the insured.  The insured stated on the application that he owned the vehicle.  When the policy was cancelled...

February 25, 2012 – In most Canadian jurisdictions, insurers are required to participate in mediation to try and resolve the dispute and avoid costly and lengthy litigation.  In this webinar, Stephen Kelly and Lisa Langevin shared their unique insights on mediation and the steps insurers can take to make the most of the opportunity mediation provides for settling a...

June 18, 2011 – Introduction In the 1835 Monograph Democracy in America, French political observer Alexis de Tocqueville wrote, “I do not know whether the jury is useful to those who are in litigation; but I am certain it is highly beneficial to those who decide the litigation…”1  Tocqueville was referring to the importance of participation in democratic society....

January 01, 2008 – The recent decision of Mr. Justice Keith A. Hoilett in Economical Insurance Company of Canada v. Fleming, [2008] I.L.R. I-4673, 57 C.C.L.I. (4th) 246, 89 O.R. (3d) 68 (Ont.S.C.J.) is one that all insurance defence counsel should read. The decision arises out of an application brought by Economical Insurance for an order declaring that it...