Leading Legal Innovation
GRAND Magazine, 10th Anniversary issue
Failure to Mediate in Good Faith: Commentary from the Ontario Court of Appeal
In the case of Ross v. Bacchus, the Ontario Court of Appeal was asked to overturn a trial judge’s imposition of a $60,000 penalty on an insurer for failing to mediate in good faith. Leading up to the six-day trial,...
2014 Attendant Care Amendments Not Retroactive
On October 27, 2014 Quinlan, J. rendered a decision in Davis v. Wawanesa Mutual Insurance Company, 2015 ONSC 6624. The Plaintiff sought a determination before trial with respect to whether section 2 of Ontario Regulation 347/13, effective February 1, 2014,...
Court of Appeal Finds Break in Chain for Loss Transfer
On October 20, 2015, the Court of Appeal rendered its decision in State Farm Automobile Insurance Company v. Old Republic Insurance Company of Canada, 2015 ONCA 699. The decision involved the correct interpretation of subsection 9(4) of the Fault Determination...
Insurer’s Attempt to Short Circuit Dispute Resolution Process Shut Down
Those insurers frustrated by the delay in having an “accident” determination adjudicated under the dispute resolution process should take heed of the recent decision of Mr. Justice Sweeny in Ayr Farmers Mutual Insurance Company v. Wright, 2015 ONSC 6219. Mr....
Third Party Notices Must be Filed Fast: BC Court Pronounces that Expediency does not Trump Notices
Fault in construction claims is rarely black or white. Claims usually begin with multiple defendants and, as the litigation progresses, the existing parties often discover that additional potentially at-fault entities should be added. In British Columbia, the proper way to...
Triple Jeopardy: Civil, Disciplinary, and Regulatory Proceedings against Professionals
Members of regulated professions, such as engineers, architects, financial advisors, and health professionals, can face multiple proceedings arising from the same conduct. For instance, for a single event, an engineer may be sued in civil proceedings for negligence, be charged...
Precision Plating Part II: British Columbia Court of Appeal restores effect of Absolute Pollution Exclusion
In 2014, the British Columbia Supreme Court, in Precision Plating Ltd. v. Axa Pacific Insurance Company, 2014 BCSC 602, held that a purportedly “absolute” pollution exclusion was ambiguous in the context of a fire loss. This decision resulted in significant...
The Whole File and Nothing But the File: A Precautionary Tale regarding Disclosure and Production of an Insurer’s Underwriting, and Claims and Investigation Files in the Context of Coverage and Bad Faith Claims
The scope of disclosure and corresponding production of documents typically becomes an issue in the context of an insured’s claim against an insurer for coverage and bad faith. Inevitably, the insured will demand disclosure and production of the underwriting, and/or...
Not Just Another Crash Test – Singing Those Black Box Blues
Kitchener-Waterloo OIAA Bulletin
