by Julianne Brimfield | Oct 30, 2019 | Coverage, SIU
In January 2019, I blogged about the summary judgment decision of Demetriou v. AIG Insurance Co. of Canada, which arose as a result of an alleged theft of an expensive ring. At that time, I noted that the motions judge focused on fraud and the decision was silent on...
by SBA Lawyers | Mar 25, 2019 | Coverage
The recent decision of Traders General Insurance Company v. Elizabeth Gibson asked the question, “Am I my [mother]’s keeper?” in the context of coverage for third party bodily injury claims under a homeowner policy. In this case, the answer was “No, you are her...
by Fiona Brown | Aug 1, 2018 | Coverage
An application was brought under rule 14.05(3)(d) of the Rules of Civil Procedure to determine rights that depend on contract interpretation. The applicant was National Gallery of Canada (“National Gallery”) and the respondents Lafleur de la Capitale (“Lafleur”) and...
by Tim Gillibrand | Jul 9, 2018 | Coverage
The matter of Rosen Express v. Northbridge is yet another case of stolen cargo for which Rosen sought coverage. The case underlines for insurers that courts will often take a broad approach to coverage and they must provide supporting evidence when alleging...
by Stas Bodrov | May 14, 2018 | Coverage
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...
by Laura Emmett | Apr 17, 2018 | Court Proceedings, Coverage, Cyber and Privacy
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...
