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MT Insurance Law Blog
Divisional Court Addresses Prejudgment Interest Rate
January 3, 2017
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Although the recent decision of the Divisional Court in Carr v. Modi was mentioned in our previous blog, the decision warrants further commentary. This decision provides much needed clarity on the proper rate to be used when calculating prejudgment interest...
Insurance Law 2016: The Year in Review and a Look Ahead
December 22, 2016
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The authors of MT Insurance Law Blog strive to provide our readers insight into changes and emerging trends in Canadian insurance litigation. As this year comes to an end, it is a good time to look back at 2016 and...
Court Dismisses Claim in which Broker Issues Policy with Incorrect Model of Vehicle
December 14, 2016
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In the recent case Routh Chovaz Insurance Brokers Inc. v. Aviva Insurance Company of Canada, 2016 ONSC 2567, the court granted summary judgment to Aviva, dismissing an action brought by an insurance broker. The case concerned the insurance policy of...
Production of Insurer’s File
December 7, 2016
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In Alofs v Blake, Cassels & Graydon, an insurer paid out a director’s liability claim and then commenced a subrogated action against the lawyers that structured the deal that lead to the director’s liability claim. The law firm, in defending...
Sidewalks, Driveway Aprons & Pedestrians
December 1, 2016
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You have all been faced with the situation as to who is responsible for maintenance of sidewalks adjacent to an insured’s property and the portion of the driveway that is beyond the sidewalk adjacent to the municipality’s roadway. The caselaw ...
Insurer May Not Deny Coverage for Business Losses, Even When Another Party Is Liable To Pay
November 25, 2016
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In the recent decision in 2224981 Ontario Inc. v. Intact Insurance Company, 2016 ONCA 870, the Ontario Court of Appeal dismissed an appeal from an insurer that had sought to deny coverage to their insured for business losses due to...
Is the Courtroom Door Open or Closed?
November 10, 2016
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By way of update to our October 8, 2015 blog featuring Ayr Farmers Mutual v. Wright: “Insurer’s Attempt to Short Circuit Dispute Resolution Process Shut Down”, the insurer’s appeal was dismissed by the Court of Appeal on all grounds October...
When does Interest Start in Delayed CAT Benefit Disputes?
November 4, 2016
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The Court of Appeal recently considered the issue of when interest starts to accrue under the Statutory Accident Benefits Schedule in situations where there is a disputed catastrophic impairment designation (“CAT”). In Van Galder v Economical, the insurer paid attendant...
Cyber Insurance 101: Why Cyber Risk Policies are Taking Off
November 1, 2016
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Although they have been around for over a decade, it is only recently that an increasing number of organizations accept cyber-incident insurance as a necessary business expense. According to the Ponemon Institute, a leading think tank that tracks and quantifies...
Heiner v. Pasha et al.: Claiming Diminished Value Under Ontario’s OAP1 Auto Policy – Redux
October 31, 2016
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We recently blogged about the Small Claims Court decision in Renwick v. Allstate Insurance Company of Canada.[1] The case dealt with an insurer’s motion to dismiss a lawsuit on the basis that an insured’s claim for “diminished value”[2] under an...
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.
