Liar, liar, trucks on fire: BC court upholds coverage denial against insured who misrepresented material facts
Introduction Media West Zny Inc. v Insurance Corporation of British Columbia, 2024 BCSC 625, clarifies the law on material misrepresentations in the context of insurance contracts. The decision highlights that, while a plaintiff’s lack of credibility or reliability alone may […]
Apportionment of defence costs: Loblaw Companies Limited v Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145
Introduction Recently, in Loblaw Companies Limited v Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145, the Ontario Court of Appeal considered the issue of the apportionment of defence costs amongst multiple insurers owing a duty to defend […]
British Columbia Court of Appeal upholds implied undertaking of confidentiality
Introduction In the recent case of Association of Professional Engineers and Geoscientists of the Province of British Columbia v. Engineer X, 2023 BCCA 211, the British Columbia Court of Appeal considered whether the implied undertaking should be lifted to allow […]
BC Supreme Court determines whether a third-party claim can be commenced by way of a separate notice of civil claim
Introduction In Prime Time (Abby Lane) Inc. v. DGBK Architects, 2022 BCSC 1799 (“Prime Time”), the BC Supreme Court answered the long-standing question of whether it is appropriate to commence a third-party claim by way of a separate notice of […]
Ontario Court of Appeal emphasizes the importance of succinctness in insurance contracts
Introduction In Ontario Inc. v Northbridge General Insurance Corporation, 2022 ONCA 304, the Ontario Court of Appeal (the “Court of Appeal”) highlighted the importance of succinctness in insurance contracts. Northbridge General Insurance Corporation (the “Insurer”) appealed the Ontario Superior Court […]
Proving professional negligence claims: What expert evidence is required and when?
Introduction Professionals owe a duty to exercise the skill, care and diligence which may be reasonably expected of a person of ordinary competence, measured by the professional standard of the time. Generally speaking, in order to succeed at trial, a […]
The Supreme Court of Canada addresses promissory estoppel in the insurance context
Introduction In the recent decision of Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada, the Supreme Court of Canada considered the application of the doctrine of promissory estoppel in the context of a […]
Case Commentary: Nelson (City) v. Marchi, 2021 SCC 41 – The Supreme Court of Canada clarifies the distinction between core and non-core policy decisions
Introduction In the recent decision of Nelson (City) v. Marchi, the Supreme Court of Canada clarified the law with respect to what constitutes a “core policy decision” rendering a government or public authority immune from liability. In this particular case, […]
Henderson v. Northbridge General Insurance Corporation, 2021 BCSC 1841: The duty to defend claims alleging intentional acts
Introduction Recently, in the context of an alleged “shaken baby” claim, the Supreme Court of British Columbia considered whether an insurer had a duty to defend a claim against its insured arising from allegations framed in both negligence and assault. […]
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 […]
