Publications

Kelly Santini LLP, Ontario, April 19, 2021 – In Malik v Nikbakht, 2021 ONCA 176, the Court of Appeal has resolved inconsistent lower court rulings by affirming a 2019 decision that Family Law Act claimants could not be added to an ongoing claim after the expiration of the two-year limitation period. Ontario’s Family Law Act allows family members of an injured person to...

Stein Monast, Quebec, April 19, 2021 – In a judgment rendered January 14, 2021, the Superior Court (the Honourable Gary D.D. Morrison, J.C.S.) dismissed an application for authorization to institute a class action presented by 9369-1426 Québec Inc./Bâton Rouge (hereinafter, “Bâton Rouge”) so that it and the members of the proposed class could be compensated by Allianz Global Risk Insurance Company (hereinafter, “Allianz”)...

Stein Monast, Quebec, April 19, 2021 – The insurer’s obligation to defend often comes before the courts. Whether through its behaviour or a reservation of rights letter, it is in the insurer’s best interests to always be clear, otherwise the insured could argue a bar in the event of late refusal of coverage, in other words, the insured will argue that the...

Northpoint Legal, March 17, 2021 – Introduction Relief against forfeiture is a remedy in insurance coverage disputes that has existed for generations but has recently grown both in its prominence and application through a series of decisions of the Ontario Court of Appeal. It has now started to gain footholds in other jurisdictions across the country as well. If a policy...