Knowledge Centre

There has been a lot of commentary in the media about naïve Canadians inadvertently failing to provide full disclosure on their applications for travel and disability insurance.  A CBC Marketplace episode highlighted a number of situations where people completed insurance … Read more »

INTRODUCTION The Ontario Court of Appeal’s January decision in Jones v. Tsige 2012 ONCA 32 recognized the tort of “intrusion upon seclusion”  as a cause of action in Ontario. This decision may have significant  implications for policyholders and  insurers. Formal … Read more »

A recent decision rendered by the Superior Court on this topic, which was later appealed, arose from the following factual context. The Ace-Ina Insurance Company instituted an action in subrogation against the defendants, Mr. Demers (“Demers”) and the parents of Mr. X (“X”), a minor, further to a fire in a garage where portable golf course equipment had been stored, and for which the plaintiff indemnified the insured. More specifically, because Mr. X was a minor, his parents were sued personally, as the guardians of a minor. Let it be noted that in this case, the parents were not found personally liable; instead they were condemned only in their capacity as guardians.

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After fielding a team in the Can-Am League during the 2008 season, Rapidz Baseball advised the League that it would not operate the following year and requested a voluntary withdrawal based on financial hardship. The League rejected the application after … Read more »

Réjean St-Pierreand 9118-0471 Québec Inc. filed a motion to institute proceedings against l’Union Canadienne, seeking to collect an insurance indemnity they claimed to be entitled to following a fire that occurred on January 29, 2010. In their proceedings, they also sought moral and punitive damages after the insurer’s decision to cancel the insurance policy ab initio following the incident, stating that such a position was arbitrary and detrimental to them. Read more.

Gabriel Antony Rossy was killed when a tree fell on the automobile he was in. His parents and his three brothers brought an action in civil liability against the owner of the tree, the City of Westmount. But the City sought to have the action dismissed, arguing that the injury was caused by an automobile, that the Automobile Insurance Act applied, and that any ordinary law remedy was therefore barred.

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In the 2003 decisions of KP Pacific Holdings Ltd. V. Guardian Insurance Co. of Canada, [2003] S.C.J. No. 24 and Churchland. Gore Mutual Insurance Co., [2003] S.C.J. No. 25, the Supreme Court of Canada called for legislative changes to the … Read more »

The Superior Court analyzed Article 2400, paragraph 2 of the Civil Code of Québec, which stipulates that in case of discrepancy between the policy and the application, the latter prevails unless the insurer has, in a separate document, indicated the particulars in respect of which there is discrepancy to the client. Read more.

I. INTRODUCTION The principle of recovery in a tort action is to compensate the injured party as completely as possible for the loss suffered as a result of the negligence of a tortfeasor. Typically the plaintiff is not entitled to … Read more »

Broadly speaking, over the past ten years, the media has increased its coverage and focus on personal injuries sustained in sports, both professional and amateur.  In conjunction, health professionals have cautioned the public about the dangers of sports injuries and … Read more »