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  • FOLLOW THE RULES: a useful application of the rules of policy interpretation in the context of a Canadian COVID-19 business-interruption claim

    January 27, 2023 – Click here to download a copy of the article. Over the course of almost three years, the COVID-19 pandemic wreaked unparalleled, economic havoc across the world. Those in the insurance industry questioned, quite early on, how insurance products would respond. Currently in Canada, one of the hottest insurance topics is the insurability of the economic...
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  • Aviva Insurance Company of Canada v MacDonald, 2022 NBCA 68

    January 26, 2023 – After suffering injuries in a motor vehicle accident, the plaintiff was placed off work and provided with loss of income benefits under Section B of her policy through Aviva. The plaintiff received these benefits for 104 weeks. She was subsequently cleared to return to work and did so for the following 13 months, before she...
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  • Pre-Judgment Interest in Jackson v Cooper, 2022 ABKB 609

    November 23, 2022 – Pre-judgment interest is an important issue for insurers because it can often significantly alter the sums awarded to plaintiffs depending on the length of time between the loss and the judgment. Within the last two years, an amendment to the Insurance Act has raised new considerations regarding the calculation of pre-judgment interest. One of the...
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  • No Right To Particulars Of Settlement

    November 23, 2022 – The Ontario Superior Court of Justice has recently ruled in Attree v Waye, 2022 ONSC 4195, that Plaintiffs are not required to disclose particulars of prior settlements. The Plaintiff in this case was involved in a slip and fall in July 2012 in which he was allegedly overserved alcohol at a wedding and fell. The...
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