( Disponible en anglais seulement )
Interpretations of the UKSC decision Okpabi v Royal Dutch, which heightened the risk of lawsuits for Canadian companies with overseas subsidiaries
The decision of the UK Supreme Court in Okpabi and others v Royal Dutch Shell Plc and another[1](“Okpabi”) found that a UK parent company arguably owed a duty of care to Nigerian claimants relating to the actions of its Nigerian...
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UK Supreme Court decision creates heightened risk for Canadian parent companies with overseas subsidiaries
A recent United Kingdom Supreme Court decision has lowered the bar for the argument that a UK company may be responsible for the tortious actions of its overseas subsidiary. The decision in Okpabi and others v Royal Dutch Shell Plc...
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The enforceability of class action waivers: Are they fair game or unconscionable and contrary to public policy?
Introduction As class actions become more prevalent, many businesses are actively taking steps to avoid such potential claims. One such step may include the use of a “class action waiver” in a standard form contract. Businesses who take these steps...
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Loss of use as « physical damage »? Case summary of the Ontario Court of Appeal decision in MDS Inc. v. Factory Mutual Insurance Company
Introduction The Ontario Court of Appeal recently issued its decision in the much-discussed case of MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594[1]. The lower court decision from the Superior Court of Justice was of considerable interest to...
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Insurance for wrongful dismissal claims: A comparison of coverages
Coverage for workplace-related claims (such as wrongful dismissal and human rights complaints) has become increasingly common in the Canadian insurance landscape. While certain employment practices liability insurance policies (“EPLs”) do provide coverage exclusively in relation to such claims, oftentimes coverage...
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Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020
Since the onset of the COVID-19 pandemic, growing and prospective litigation has become a concern for governments in Canada. In response to such concerns, the provinces of British Columbia and Nova Scotia have introduced legislation aimed at providing protection from...
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The UK slams the door on recklessness for deliberate exclusions
The UK Supreme Court in Grant v International Insurance Company of Hanover Limited[1] considered an insurance policy that included an exclusion for “liability arising out of deliberate acts, wilful default or neglect” of an employee. This case is significant as the...
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The jury is out on business interruption coverage: Jurisprudence shows uncertainty in insurer liability
The current COVID-19 pandemic has interrupted society in a myriad of ways. While many of us have experienced loss of income due to the pandemic, businesses have suffered in unique ways. Whether or not a business remains open depends greatly,...
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Update to Bill 118: Changes to the notice period for slip and fall claims in Ontario – Letting the notice period slip by…
Further to our previous Communiqué, Bill 118: Changes to the Notice Period for Slip and Fall Claims in Ontario, on January 29, 2021, Bill 118 was proclaimed into law bringing changes to Ontario’s Occupiers’ Liability Act[1] (the “Act”). The Act...
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Policyholders emerge victorious in recent COVID-19 claims
Two U.S. courts have recently released decisions regarding insurance policies and restaurant closures due to the COVID-19 pandemic. In both of those cases, the courts found for the restaurants and against the insurance companies. In this article, we will briefly...
