Archives

July 17, 2017 – Echelon General Insurance Co. v. Ontario (Minister of Finance), 2016 ONSC 5019.  The insured purchased a six month automobile insurance policy in December 2008.  Just ten days later Echelon purported to cancel the policy due to non-payment of premiums.  The notice was not valid in accordance with the Insurance Act (“Act”).  In May 2010 the insured...

July 11, 2017 – A Q&A with Canadian Defence Lawyers President Jade Spalding of Cox & Palmer Why did you became involved with Canadian Defence Lawyers (CDL) I wanted to get involved in an organization related to the defence practice that could provide specialized training and support and found that in CDL.  The organization offers terrific training in substantive...

June 15, 2017 – The Ontario Court of Appeal recently released their decision in Carter v Intact Insurance Co. This is an important case for both property owners and insurers. The case confirms the approach that Canadian courts will take when assessing disputes between Insurers and property owners in regards to building replacement insurance. Background The appellants in the...

June 15, 2017 – Aviva Insurance Company of Canada v. McKeown et al., 2016 ONSC 6017 This application, brought by the insurer, was a test case on the issue of whether a justification is required to compel a person claiming statutory accident benefits to attend at an examination under oath if the insurer requests one pursuant to subsection 33(2) of Statutory...