Publications

Fillmore Riley LLP, Manitoba, October 27, 2021 – Long time readers of articles on this website will be aware that in the late 2000s to early 2010s, substantial amendments were enacted to the insurance legislation in various provinces including B.C., Alberta and Manitoba.  This article addresses one such amendment – the innocent insured amendment.  Recent cases show that insureds are leveraging the innocent...

SVR Lawyers, Alberta, October 27, 2021 – The Ontario Superior Court recently addressed the evidence required to overcome the presumption of a duty to defend in the context of a liability insurance policy. AIG Insurance Company of Canada (“AIG”) brought an application seeking equitable contribution from Lloyds Underwriters (“Lloyds”) towards the cost of defending the City of Timmins (the “City”) in an...

SVR Lawyers, Alberta, October 27, 2021 – MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594 The Ontario Court of Appeal has recently overturned the Ontario Superior Court’s decision and has maintained the strict interpretation of “physical damage” in the scope of business interruption coverage. Read More  

CBM LLP, Alberta, September 24, 2021 – There is growing trend in Canada of claims being brought against nursing homes and long-term care facilities (collectively referred to throughout as “Care Homes”). These claims can take several different forms and must be responded to accordingly. This paper will address several aspects of Care Home claims, including: The law; Types of Care Home Claims;...