Category Archives: Insurance News

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

C.A. Finds Lessee of Vehicle Insured by Leasing Company’s Umbrella Policy

Posted on May 17, 2005 by Stephen Cavanagh

This afternoon, the Court of Appeal released its decision in Avis Rent-A-Car System Inc. v. Certas Direct Insurance Company. The ruling is an important one for car rental companies and their insurers. The Court held that a renter of a car … Continue reading →

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C.A. Says Excess Insurer Not Liable for Defence Costs

Posted on May 10, 2005 by Stephen Cavanagh

Last week, the Court of Appeal released a decision that addressed a recurring issue: “when will an excess insurer be required to contribute to defence costs incurred by a primary insurer in defending an action against a common insured?” It … Continue reading →

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Back Injury Pierces Threshold

Posted on May 9, 2005 by Stephen Cavanagh

Lahay v. Henderson arose out of an MVA which left the plaintiff with soft tissue injuries, principally to his back. Liability was admitted. The trial judge ruled that the plaintiff, a manual labourer before the accident, would never be able … Continue reading →

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Mistake as to Seriousness of Injury Does Not Extend Limitation Period

Posted on April 28, 2005 by Stephen Cavanagh

The “discoverability” principle does not permit a limitation period to be extended where a plaintiff delays suing because she does not, at first, realize the seriousness of her injury. This is what the Divisional Court ruled in Smith v. Toronto.In … Continue reading →

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Two Significant C.A. Personal Injury Decisions

Posted on April 22, 2005 by Stephen Cavanagh

Two decisions of importance to the personal injury bar and the insurance industry were released by the Court of Appeal this afternoon. They are Vollick v. Sheard and Walker v. Ritchie. Both cases involved the issue of whether an owner … Continue reading →

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C.A. Says Father and Daugher Were “Co-owners” of Car

Posted on April 15, 2005 by Stephen Cavanagh

In Mazur v. Elias, the Court of Appeal has endorsed the notion of “co-ownership” of automobiles. The case involves the often-seen fact pattern of a car being purchased by one person but licensed and insured in the name of another. … Continue reading →

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Court Says Repair Costs Like Environmental Cleanup — CGL Must Pay

Posted on April 11, 2005 by Stephen Cavanagh

We are happy to report that The Canadian Legal LEXPERT Directory for 2005 lists Steve Cavanagh as a “Leading Practitioner” in “Civil Litigation—Commercial Insurance”, one of only five lawyers in eastern Ontario to be so recognized. Congratulations also to the … Continue reading →

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Court Allocates Defence Costs in Sexual Abuse Case

Posted on April 5, 2005 by Stephen Cavanagh

 In finding that an insurer has a duty to defend a sexual abuse claim, a Superior Court judge took the unusual extra step of allocating defence costs: 20% payable by the insurer and the 80% by the insured. The case … Continue reading →

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Threshold Decision Favours Plaintiff But Jury Sees Case Differently

Posted on March 16, 2005 by Stephen Cavanagh

Regular readers of our Updates know that just when insurance defence lawyers and their clients were beginning to despair of ever winning a threshold motion, a series of decisions were handed down that favoured the defence. But a Superior Court … Continue reading →

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C.A. Says That Relief From Forfeiture Not Usually Available for Pre-loss Conduct

Posted on March 1, 2005 by Stephen Cavanagh

In the space of a week, two appellate decisions have dealt with relief from forfeiture. First, the Supreme Court of Canada issued its ruling in Marche v. Halifax Insurance (about which we sent an Update last week). Today, the Court … Continue reading →

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