Category Archives: Insurance News

Catch-all category for developments in the law of insurance.

Guidelines for When Solicitor Will be Removed from Record

Posted on March 30, 2006 by Stephen Cavanagh

In George S. Szeto Investments Ltd. et al. v. Ott et al., Master Robert Beaudoin has provided a very useful “checklist” of factors that a court will consider when deciding whether or not a party’s solicitor should, on motion by … Continue reading →

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General Accident v. Chrusz Finally Goes to Trial

Posted on March 30, 2006 by Stephen Cavanagh

Back in 1999, the Ontario Court of Appeal handed down its ruling in the case of General Accident Assurance Company et al. v. Chrusz et al. The decision became one of the leading cases in Ontario on the meaning of … Continue reading →

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DAC Assessment Does Not Preclude Insurer’s IME in SABS Lawsuit

Posted on March 24, 2006 by Stephen Cavanagh

In Baron v. Kingsway General Insurance Company, Superior Court Justice Gladys Pardu rejected the argument of a statutory accident benefits claimant, that the insurer was not entitled to its own medical assessment because a CAT-DAC assessment had already found him … Continue reading →

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C.A. Says Covenant to Insure Does Not Necessarily Imply Waiver of Right to Sue

Posted on March 22, 2006 by Stephen Cavanagh

 In The Provident Bank v. Wells Fargo Bank Northwest, released today, the Court of Appeal considered whether a party’s covenant to insure had the effect of relieving the party to whom the covenant was allegedly given, from liability in negligence. … Continue reading →

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Litigation Privilege Can Arise Before Demand Made or Lawsuit Commenced

Posted on March 21, 2006 by Stephen Cavanagh

Here’s a case that we missed when it was first released last September. It has just been reported in the Ontario Reports, so the lawyers, judges and masters who subscribe to our Updates will already have seen it. But for the … Continue reading →

Posted in Insurance News, Occupier's Liability, Practice and Procedure, Privilege | Comments Off on Litigation Privilege Can Arise Before Demand Made or Lawsuit Commenced

Divisional Court Finds FSCO Ruling on “Catastrophic Injury” Not “Patently Unreasonable”

Posted on March 15, 2006 by Stephen Cavanagh

Ruling does not disturb FSCO finding that one hour after accident was “reasonable time” for GCS reading to be taken. Continue reading →

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Homeowner’s Policy Must Indemnify Against Criminally Negligent Shooting

Posted on March 15, 2006 by Stephen Cavanagh

The latest chapter in the Eichmanis litigation is a ruling on whether either of two homeowner’s insurance policies provided liability coverage to a 15 year old boy who had pleaded guilty to criminal negligence causing bodily harm as a result of having … Continue reading →

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Defendant Insurer Awarded Substantial Indemnity Costs from Date of Offer

Posted on March 15, 2006 by Stephen Cavanagh

In a rather unusual ruling, Mr. Justice Herman Siegel has awarded costs on a substantial indemnity basis to a defendant, on the basis that both litigants were commercial parties with substantial resources and access to specialized legal advice. The award … Continue reading →

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Proof of Delivery of Insurance Policy a Prerequisite to Enforcing Exclusion?

Posted on March 9, 2006 by Stephen Cavanagh

Today’s decision in Hazan v. ING Insurance Company of Canada considers (but does not decide) an interesting issue in Ontario insurance law: must an insurer prove that it has delivered a copy of the insurance policy to the insured before … Continue reading →

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Two Courts Deny Relief from Forfeiture

Posted on March 7, 2006 by Stephen Cavanagh

In two Ontario Superior Court decisions released this week, insureds have been denied relief from forfeiture in actions against their insurers. The first is Niagara Gorge Jet Boating Ltd. v. AXA Canada Inc.  This is a decision of Madam Justice … Continue reading →

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