Knowledge Centre

What is the meaning of “faulty workmanship” in the context of a homeowners’ policy?  This was the question addressed by the Ontario Court of Appeal in Monk v. Farmers’ Mutual Insurance Company (Lindsay), 2015 ONCA 911. In 2008, the insured … Read more »

When an Umpire renders a decision under s. 519 of the Insurance Act, RSA 2000, c I-3, his or her decision is subject to judicial review by a Justice of the Court of Queen’s Bench. The grounds for judicial review … Read more »

Stephen Appotive and Crystal Schulz of Kelly Santini LLP successfully represented the defendants in Powell v Dowsley 2016 ONSC 1951 when the plaintiffs sued for damages of $350,000 for loss of enjoyment from the property. The defendants had installed an … Read more »

Brown v. Wahl, 2015 ONCA 778 – This is an appeal from the summary judgment granted by a motion judge dismissing the appellant’s negligence action against the respondents on the basis that it was statute-barred by operation of the 2-year … Read more »

State Farm v Old Republic Insurance, 2015 ONCA 699 – A heavy commercial truck rear-ended a car stopped near an intersection and the impact caused that car to rear-end the vehicle in front of it. All three vehicles were in … Read more »

Compagnie d’assurance AIG du Canada v. Solmax International inc., 2016 QCCA 258 Unlike the adjuster’s report, exchanges between an insurer’s different departments about the validity of a claim are not protected by litigation privilege. During the appeal of a judgment … Read more »

Rosenstein v. Guarantee Company of North America, 2015 QCCS 5672 An insurer that suffers harm linked with its duty to defend following a late notice of loss cannot be forced to assume the defence or costs related to the defense … Read more »

Grigoryan v. Commission scolaire de la Pointe-de-l’Île, 2015 QCCQ 10860 Just like a baseball bat or a hockey puck, a child’s shovel may be used by children for amusement purposes, especially in a school environment, as long as conditions for … Read more »

Troy v. Assurance-vie Banque Nationale, 2016 QCCQ 139 The insured was not required to disclose certain medical information due to the limited nature of the spectrum of information the insurance representative was attempting to collect. During a telephone conversation on … Read more »

Comité paritaire de l’industrie des services automobiles de la région de Montréal (CPA Montréal) v. Société d’assurances générales Northbridge (Lombard General Insurance Company of Canada), 2015 QCCA 2039 The Court of Appeal has confirmed that the amounts fraudulently collected by … Read more »