Archives

October 26, 2020 – The Plaintiff, Malloy, was involved in a car accident and brought an action against the defendant insurer with respect to a denial of medical benefits under Nova Scotia’s Standard Automobile Policy. Malloy then brought a motion, requesting that the insurer disclose its policies, procedures and internal documents regarding how accident benefits are handled and resolved....

October 26, 2020 – In Nagy v. BCAA Insurance Corporation 2020 BCCA 270, a decision released this morning, the BCCA reversed a summary trial decision granting judgment to the insured and remanded the case back to the trial list. This case is relevant to anyone looking at coverage for first party losses and in particular where there are issues...

October 07, 2020 – Sky Clean Energy Ltd. (Sky Solar (Canada) Ltd.) v. Economical Mutual Insurance Company, 2020 ONCA 558 The appeal concerned a form of insurance commonly used in the construction industry whereby the policy permits a contractor to add the project owner as an additional insured under its liability insurance policy, to cover the owner’s liability “arising...

September 25, 2020 – In Atlantic Lottery Corp Inc v Babstock (Atlantic Lottery), the Supreme Court of Canada (SCC) recently ruled that “waiver of tort” is not an independent cause of action. Previously, plaintiffs pled waiver of tort in an effort to recover allegedly ill-gotten gains from defendants without having to prove that they suffered losses. Because prior jurisprudence...