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Saskatchewan Court of Appeal confirms proof of a material change in risk requires strong evidentiary foundation
July 25, 2023
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MT Insurance Law Blog
Introduction Wynward Insurance Group v Smith Building and Development Ltd, 2023 SKCA 57 highlights significant considerations for insurers who are considering denying claims on the basis of an insured’s failure to disclose a material change in risk. Background facts The...
Mobile apps: What businesses should know a year after the Tim Hortons data tracking scandal
July 12, 2023
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MT Cybersecurity Blog
Many businesses are tapping into the digital economy by creating mobile apps to enhance customer experience, build brand awareness, and boost marketing outcomes, which often includes collecting (sometimes very detailed) information from users. However, creating and deploying these apps comes...
Alberta Court of Appeal reduces damage award to account for insured’s actual loss
July 12, 2023
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MT Insurance Law Blog
Introduction In Shelter Canadian Properties Limited v Aviva Insurance Company of Canada, 2023 ABCA 74, the Alberta Court of Appeal reduced an indemnity payment for loss of rental income to account for the increase in the net rental income of...
AI poses new threats to cybersecurity: How Canadian boards can navigate the evolving cyber risk landscape to stay ahead of the curve
June 7, 2023
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MT Cybersecurity Blog
The cybersecurity threat landscape is currently at a time when new threats are continuing to emerge, not the least of which are risks related to the use of artificial intelligence (AI), specifically generative AI. In response, there is increasing pressure...
Ontario Court of Appeal affirms that the “true nature of a claim” will impact duty to defend
May 31, 2023
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MT Insurance Law Blog
Introduction In Butterfield v Intact Insurance Company, 2023 ONCA 246, the Ontario Court of Appeal affirmed that Intact Insurance Company (“Intact”) did not have a duty to defend Mr. Butterfield (the “Appellant”) against a negligence claim because the policy’s intentional...
British Columbia Court of Appeal upholds implied undertaking of confidentiality
May 25, 2023
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MT Insurance Law Blog
Introduction In the recent case of Association of Professional Engineers and Geoscientists of the Province of British Columbia v. Engineer X, 2023 BCCA 211, the British Columbia Court of Appeal considered whether the implied undertaking should be lifted to allow...
Meaningful consent and data protection of third-party apps: Federal Court dismisses Privacy Commissioner’s complaint against Facebook
May 3, 2023
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MT Cybersecurity Blog
On April 13, 2023, the Federal Court handed down its decision in a case brought by the Office of the Privacy Commissioner of Canada (the “OPC”) against Facebook Inc. (“Facebook”).[1] The case centers around Facebook’s obligations with respect to third-party...
Litigation privilege: A recent review by the Superior Court of Quebec
April 26, 2023
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MT Insurance Law Blog
In insurance matters, litigation privilege is a frequent principle of law raised by litigators to deny the disclosure of documents. On February 2, 2023, Justice Daniel Dumais of the Superior Court of Quebec adjudicated an objection based on this particular...
Court of Appeal looks to true nature of claim in duty to defend application
April 6, 2023
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MT Insurance Law Blog
The Court of Appeal’s recent decision in Ontario v St. Paul Fire and Marine Insurance Company (2023 ONCA 173) revisits the duty to defend that all underwriters should be aware of. When analysing pleadings and the terms of a policy,...
How “Guaranteed” is Guaranteed Replacement Cost? The Ontario Superior Court weighs in
December 8, 2022
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MT Insurance Law Blog
One of the most important decisions homeowners have to make in purchasing their insurance is whether to seek “Guaranteed Replacement Cost” or “GRC”. GRC clauses act to ensure that a building is completely replaced even if the cost of that...
Disclaimer
This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.