On May 9, the Ontario Superior Court released a decision which reminds us of three important lessons: A court will allow juries to use their common sense to make decisions; Telling your insurer you had a fur coat when you didn’t will probably be considered a wilful...
Following the creation of the tort of intrusion upon seclusion in 2012, we have seen numerous cases that have clarified the application of same. In the most recent pronouncement, Oliveira v. Aviva Canada Inc., the Court of Appeal dealt with whether the duty to defend...
On April 10, 2018, the Divisional Court released an important decision regarding ATV incidents outside of Ontario. Specifically, in Benson v. Belair Insurance Co. Inc., the Divisional Court considered whether the Claimant was entitled to statutory accident benefits...
A recent Court of Appeal decision outlined the breadth of an insurer’s duty to defend. In Ernst v. Northbridge Personal Insurance Corporation, the application judge ruled that the insurer had a duty to defend the driver of an ATV. The insurance policy extended...
