Accountability for the section 7(4) accounting report: When is it ‘reasonable and necessary’?
The requirement under section 7(4) of the Ontario Statutory Accident Benefits Schedule [1] for insurers to fund accounting reports on behalf of insured persons is a reasonable one. To be eligible for funding by the insurer, the reports must be:...
British Columbia Court of Appeal confirms a strict two-year limitation period to commence third-party claims
Introduction The Court of Appeal in Sohal v. Lezama, 2021 BCCA 40 (“Sohal”) recently held that a court does not have the discretion to permit a third-party notice for contribution and indemnity (“contribution”) if the limitation period has expired under...
Superior Court of Quebec dismisses authorization to institute a class action pursuant to the dispute resolution provision of insurance policy
The COVID-19 pandemic has resulted in litigation, particularly in the context of class actions. In 2020, applications for authorization to commence class actions have been made notably against nursing homes,1 insurers2 and airline companies.3 In 9369-1426 Québec inc. (Restaurant Bâton...
UK Supreme Court judgment on COVID-19 business interruption insurance test case
Today, the UK Supreme Court handed down its judgment in the COVID-19 business interruption insurance test case of The Financial Conduct Authority v Arch and Others. This judgment was the result of a “leap frog” appeal whereby the FCA and certain insurers...
Leave to appeal duty to defend issues denied by Supreme Court of Canada
Recently, the Supreme Court of Canada denied leave to appeal decisions of the Alberta Court of Appeal and the Ontario Court of Appeal, respectively, regarding the duty to defend. As a result, the appellate decisions stand and are discussed below....
The latest in insurance bad faith claims
A bad faith claim against an insurer may result in liability beyond the policy limit. Where a plaintiff establishes that its insurer has responded to a claim in a manner that is offensive, reprehensible, or high-handed, the insurer may be...
The FCA test case: Assessing its impact on COVID-19 business interruption coverage in Canada
The High Court of England and Wales released its decision in a much-anticipated test case on September 15, 2020. The case was brought by the United Kingdom’s Financial Conduct Authority (the “FCA”). The FCA brought the proceeding against a number...
Supreme Court of Canada to consider dichotomy between policy and operational decisions in negligence claims
The Supreme Court of Canada has recently granted leave to appeal the decision of the B.C. Court of Appeal in Marchi v Nelson (City of), 2020 BCCA 1. The key question on appeal is whether certain acts or omissions on...
Case commentary: Issuance of building permit for construction of residential/commercial strata “unreasonable” without involvement of architect
Introduction In the recent case of Architectural Institute of British Columbia v. Langford (City), the British Columbia Supreme Court conducted a judicial review of the issuance of a building permit for the construction of a residential/commercial strata complex in the...
Debra Curcio Lister quoted on the use of consumer-grade disposable gloves in the Canadian Underwriter
Canadian Underwriter, “Better safe than sued: How to advise your clients on temperature screening, glove use”
Your commercial clients may expose themselves to legal risk if they don’t adhere to all government recommendations to protect clients and employees from the spread of coronavirus while re-opening, legal professionals warned. As social distancing rules loosen in various parts...
