Further, to my previous blog on Workman Optometry Professional Corporation v. Certas Home and Auto Insurance, 2023 ONSC 3356, an appeal of the action was heard on June 12, 2024. In the Court of Appeal’s short decision they upheld the Superior Court decision. Superior...
Further to my recent article on the Workman decision, where the Ontario Superior Court of Justice examined an insured’s ability to recover revenue relating to the pandemic, the Ontario Court of Appeal in SIR Corp. confirmed the same stance; business interruption...
COVID-19 may be a distant memory to some, but pandemic related litigation continues to filter through the court system. In Workman, the Ontario Superior Court of Justice recently examined an insured’s ability to recover revenue relating to the pandemic. Introduction...
In April 2023, the Saskatchewan Court of Appeal heard and dismissed with costs an insurer’s appeal in Wynward Insurance Group v. Smith Building and Development Ltd., 2023 SKCA 57, affirming the trial decision at 2021 SK QB 54. Facts Policyholder Smith Building and...
In 2021, Mr. Rathbone was stopped at a drive-thru window to pick-up coffee. He was able to transfer the first coffee without issue. However, as he was transferring the second, the lid came off the upper brim, spilling coffee onto his lap. He reacted and dropped the...
Insurance defence cases often have far-reaching implications, setting precedents that shape the future of the industry. One such notable case is Live Nation v. Aviva, which recently unfolded in the Ontario Superior Court of Justice. This case revolves around a dispute...
