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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
Bill 118: Changes to the notice period for slip and fall claims in Ontario
On December 8, 2020, Bill 118[1] received Royal Assent, bringing welcomed changes to Ontario’s Occupiers’ Liability Act[2] (the “Act”). The Act sets out the duties and liabilities of those in physical possession or responsibility and control of a premises, otherwise […]
Tarion’s response to COVID-19
The ongoing COVID-19 pandemic has raised new issues relating to insurance and the home building industry. Following a total project suspension, construction has slowly resumed in Ontario, albeit with reduced crews and strained supply chains. These constraints raise increasingly important […]
Update: Burns v. RBC Life Insurance Company
The Ontario Court of Appeal just released an update on certain elements of the Burns[1] decision. While the Court of Appeal did not interfere with the Motion Judge’s decision to strike out the appellant’s statement of claim against the individual […]
Ontario court confirms that insurers are ultimately liable for the conduct of adjusters
In Burns v RBC Life Insurance Co.,1 the Ontario Superior Court of Justice recently confirmed that liability ultimately rests with insurers where their employees are acting within the scope of their employment. The Facts In this case, the plaintiff had […]
