Publications

Kelly Santini LLP, Ontario, July 23, 2018 – Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467 – In Royal Host GP, the Ontario Court of Appeal overturned a decision of a motion judge and ruled that a tenant was not entitled to the benefit of the fire insurance that the landlord had covenanted to purchase where the loss was caused by the...

Kelly Santini LLP, Ontario, April 17, 2018 – In Douglas v. Stan Fergusson Fuels Ltd., 2018 ONCA 192, the Court found that an insurer could not pursue a subrogated claim in the name of its bankrupt insured unless it obtained a court order authorizing the action in its own name or used the provisions in the Bankruptcy and Insolvency Act to acquire the bankrupts rights...

Kelly Santini LLP, Ontario, February 12, 2018 – The Corporation of the Town of Huntsville v Lloyd’s Underwriters, 2017 ONSC 1208 – This application dealt with Lloyd’s Underwriters’ purported obligation to defend the Town of Huntsville. The insurers had defended the Town in an initial action (“the first action”) up until settlement but, when residual issues resulted in a further court action (“the second...

Kelly Santini LLP, Ontario, February 12, 2018 – Usanovic v Penncorp Life Insurance, 2017 ONCA 395. This is an appeal from an order of Broad J. granting summary judgement dismissing the appellant’s action against his disability insurer, Penncorp. The motion judge had granted summary judgement because the Plaintiff’s claim was time-barred. Read More