Archives

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...

June 15, 2017 – Wal-Mart Canada Corp. v. Intact Insurance Company, 2016 ONSC 4971 In this case, Wal-Mart Canada Corp. (“Wal-Mart”) sought a declaration for defence and indemnification under a policy of insurance its maintenance subcontractor had with Intact Insurance Company (“Intact”). Walmart was a named insured under that policy. Read more

June 15, 2017 – The insured added her boyfriend to her insurance policy believing his Nova Scotia identification card was his driver’s licence. In fact, his driver’s licence had been suspended. 8 days after he was added to the policy he was involved in a collision. The issue before the Court was whether the innocent co-insured could recover under...