Archives

May 19, 2016 – What is the meaning of “faulty workmanship” in the context of a homeowners’ policy?  This was the question addressed by the Ontario Court of Appeal in Monk v. Farmers’ Mutual Insurance Company (Lindsay), 2015 ONCA 911. In 2008, the insured homeowner hired a contractor to restore the exterior of her log home.  The restoration work...

May 19, 2016 – When an Umpire renders a decision under s. 519 of the Insurance Act, RSA 2000, c I-3, his or her decision is subject to judicial review by a Justice of the Court of Queen’s Bench. The grounds for judicial review for such decisions include the following: the Umpire declined, exceeded, or otherwise failed to properly...

May 19, 2016 – Stephen Appotive and Crystal Schulz of Kelly Santini LLP successfully represented the defendants in Powell v Dowsley 2016 ONSC 1951 when the plaintiffs sued for damages of $350,000 for loss of enjoyment from the property. The defendants had installed an outdoor wood burning furnace to heat their home.  The plaintiffs claimed that smoke from the...

May 19, 2016 – Rosenstein v. Guarantee Company of North America, 2015 QCCS 5672 An insurer that suffers harm linked with its duty to defend following a late notice of loss cannot be forced to assume the defence or costs related to the defense of the insured. On May 15, 2005, Kathryn Rosenstein and Hagop Artinian (the “parents”) instituted,...