Extrinsic Evidence and the Duty to Defend

Extrinsic Evidence and the Duty to Defend

In a recent decision, an Ontario court found that an insurer has a duty to defend a “software developer” in a U.S. action alleging copyright infringement. In the U.S. action, the insured was alleged to be the head of a group of hackers which sold subscriptions for...
Extrinsic Evidence and the Duty to Defend

Ontario Gets A New Tort, For Now

In a January 28, 2021 decision, a judge of the Ontario Superior Court, recognized a new tort as the only way to provide redress to the victims of a multi-decade campaign of despicable conduct “unrestrained by basic tenets of decency” culminating in four distinct...